Wills & trusts
The frequent relocation of citizens of different countries and the dispersed location of assets connected to them, mainly but not limited to real estate, creates numerous inheritance issues. It is common nowadays to live in one country and own assets all over the world. This should be considered when writing a will or transferring assets to a trust. Expat advisors though its connected law firm rutland & partners will make sure your Czech last will or inheritance proceedings are well taken care of. We also offer services as Czech estate administrators or testament executors, which means the heir does not have to travel to the Czech Republic for administration of the assets during the probate proceeding. We take care of the notarial and court proceedings on your behalf. We are also well acquainted with the European regulation no. 650/2012 under which the inheritance proceedings of EU residents are administered.
Michal Dobiáš has been advising expats and foreign clients since 2010, and since 2015 he has been doing so as a fully qualified attorney registered with the Czech Bar Association. He is an expert in the field of wills and estate planning, including cross-border wills and intestate matters under the 650/2012 EU regulation). In his practice he helps foreigners to structure their (often cross-border) last wills and testaments, and renders advice to foreign clients on the establishment of Czech foundations and trusts. Michal also has very extensive experience in the protection of clients’ rights in the course of the inheritance proceedings (which includes locating the property, representation in the proceedings themselves and negotiating settlements with other heirs). He is further responsible for the employment law team which handles all types of labor contracts and employment litigation for expats and foreigners in the Czech Republic. In addition to his estates planning and employment litigation practice, Michal also represents clients in medical malpractice and personal injury cases, where he was able to conclude very advantageous settlements for foreign clients in traffic accident cases and plastic surgery malpractice cases.
Scope of Services
Wills and Estate Planning
Under Czech law a last will can be either concluded in front of the Notary, signed in front of two witnesses or prepared as a handwritten testament. When concluded in front of the Notary, the will is automatically registered in the Testamentary Register and thus can be easily located by the heirs. We can assure that your will is valid in the Czech Republic and also advise you on the concept of multijurisdictional wills.
Our services are comprised mainly of:
• assessment of the situation after your potential demise (which law would apply, who of your relatives or close ones would inherit according to Czech law)
• drafting your last will and testament
• assistance with international wills
• advice on possibility of disinheritance of the forced heirs
• full assistance with establishment of your last will (including arrangement of the assistance by Notary and chartered translator if applicable)
• registration of the will with the official registry
Representation in Inheritance (Probate) Proceedings
In case you know that your deceased relative owned property in the Czech Republic, we have means to locate it. We can also help you to find the Notary that has been allocated to the already initiated proceedings. We can, furthermore help you to reopen inheritance proceedings where some property was forgotten and not processed in the course of the inheritance proceedings. One of the most valued services by clients – who may not be able to travel to the Czech Republic and take part in lengthy inheritance proceedings – is that we represent them based on Power of Attorney and communicate with the Notary and Czech courts in order to conclude the inheritance proceeding in the Czech Republic in the shortest period of time. The complementary but important service is that we administer the estate during the proceeding and even after its finalisation since the acquired property is often to be sold or disposed with it otherwise.
Our services are comprised mainly of:
• locating the property and its legal history (in case of family property “left behind”)
• reopening already closed inheritance proceedings in case new property is found
• initialising new inheritance proceeding regarding property of your close one
• full representation in the proceeding itself (listing and accepting inheritance, communication with the Notary etc.)
• acting as the Czech estate administrator or testament executor
• negotiating distribution of the property with other heirs
• representation clients in litigation against other heirs (invalid last will etc.)
• obtaining the European Certificate of Succession
• sale of the property after the end of the proceeding (in cooperation with the real estate team)
• administering affairs related to liquidation or handover of the property (opening and closing bank accounts, communication with social security bodies, debtors and creditors of the deceased person etc.)