On inheritance law, with particular regard to its fundamental rights protection and constitutional aspects

Abstract

Pursuant to the Fundamental Law of Hungary, every individual is vested with the right to property and inheritance. Succession may occur either by testamentary disposition or by operation of law. Testamentary dispositions may be effected through a public will or a holographic private will, whereas oral wills are admissible only under exceptional circumstances. A holographic private will composed of multiple separate sheets is valid only if each page is consecutively numbered. Such pagination serves the critical function of safeguarding against any alteration or manipulation of the testator’s intent. In the context of compulsory portion rights, the entitled heir is entitled to one-third of the statutory share to which they would otherwise be entitled as a lawful heir.The constitutional complaint (valódi alkotmányjogi panasz) offers a remedial avenue for addressing lacunae within inheritance law. The doctrine of favor testamenti, which favors the validity of form-deficient wills, is applicable in cases where formal defects exist. However, its application raises significant fundamental rights concerns.