In the context of inheritance law, the term “indefeasible heir” (formerly called “indefeasible”) refers to those who are legally entitled to a certain share of the decedent’s estate. This status usually belongs to the testator’s children.
However, if there are no children, their descendants can be inalienable heirs. Although this term is quite commonly known, its legal definition can be confusing for some. Here we look at what it means to be an inalienable heir and what his rights and protections are in probate proceedings.
The legal status of an inalienable heir differs depending on whether he is an adult or a minor. A minor immortal heir (not yet 18 years of age) is entitled to three-fourths of his legal share, while an adult is entitled to at least one-fourth (¼ ) of this share.
The legislation set up in this way effectively ensures that, even in the event of the death of the testator, the heirs, especially minors, are not deprived of a reasonable part of the inheritance.
Yes, you read that right minors – they are more protected. It’s like in nature, the young are protected more than the “specified individuals”.
In order for an immortal heir to be entitled to a compulsory portion, it is necessary for him to properly exercise his right. Therefore, the right to the compulsory portion passes to the descendants of the inalienable heir only at the moment when this right was exercised, but the inalienable heir did not live to see the payment of the obligatory part.
Can an immortal heir waive his right to a mandatory share? Yes, of course it can.
Let’s repeat – the right to a compulsory inheritance share arises only for the testator’s child (that is, his daughter or son), or possibly the testator’s grandchildren, if the testator’s descendants do not inherit.
Siblings, parents, grandparents and even mother-in-law are not among the immortal heirs in the Czech Republic. The same goes for the testator’s cats or dogs, even though he may have preferred them during his lifetime to some real immortal heirs.
When is an immortal heir not entitled to a share of the inheritance?
In human life, however, there are also cases when even the aforementioned privileged heir does not inherit. An inalienable heir is not entitled to a compulsory portion if he himself renounced the inheritance,
or it was disinherited by the testator. Disinheritance of an inalienable heir can only occur if one of the following facts applies:
The intestate heir failed to provide assistance to the testator in need when he needed it,
the immortal heir does not show interest in the testator,
the immortal heir has been convicted of a crime that shows his depraved nature,
an immortal heir leads a permanently disordered life.
The testator can disinherit an inalienable heir even if the person in question is in debt or wasteful, to such an extent that the testator fears that the obligatory share will not be preserved for the heir’s descendants. Disinheritance in this situation usually works in such a way that the testator bequeaths the legal share of the inheritance to his grandchildren (that is, the descendants of the inalienable heir in question).
I wrote more about disinheritance here:
Attention, the mentioned facts do not have a relevant effect on the calculation of the mandatory parts of the other heirs. If an immortal heir does not inherit, from a legal point of view it does not mean that he will mandatory parts the other inalienable heirs increased by his share.
Protection of inalienable heirs
Inalienable heirs are protected by the Civil Code. In case of invalid disinheritance, the irrevocable heir has the right to his compulsory share. And if the value of the mandatory part is reduced, he has the right to supplement it.
The right to a mandatory share belongs to an irrevocable heir who was disinherited invalidly or was omitted by the testator, although the testator knew that he was alive and did not commit any crime against the testator. Furthermore, such a privileged heir was omitted by the testator, because he did not know about him or refused the inheritance subject to the obligatory portion or received less than the law stipulates. In such a case, he has the right to supplement his obligatory part.
An immortal heir is not entitled to a share of the estate, but “only” to a monetary amount equal to the value of the compulsory share.
Attention, in relevant cases, the competent court can allow installments for the mandatory part or delay its maturity.
To determine the mandatory portion, the testator’s assets are listed and estimated, the testator’s debts are deducted from the value of the property, credits for the mandatory portion are, on the contrary, added.
It is important to realize that the right of inheritance and the claims of inalienable heirs should not be underestimated.
Good advice at the end – If you are in a situation where the rights of an inalienable heir apply to your case or you are dealing with larger assets or you have more complicated family and other relationships, it is advisable to consult a lawyer in time – preferably directly with a notary or his employees.
Although the winged “A dead fart knows” (we apologize for the insight into the legal kitchen to more sensitive readers), however, it is not a good idea to underestimate the inheritance process.
Civil Code – (Act No. 89/2012 Coll.).
Fiala R., Drápal L.: Civil Code IV. Law of inheritance (§ 1475-1720). Comment. 2nd edition, CHBeck, 2022.
I covered the topic of how to write a will without a notary on Seznam here:
And on the related topic of disinheritance – here:
Tags: writing inalienable heir disinherited
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