Disinheritance Under Czech Law: Grounds, Procedure and Common Pitfalls

JUDr. Jakub Dohnal, Ph.D., LL.M.
JUDr. Jakub Dohnal, Ph.D., LL.M.
16.4.2026 | ARROWS law firm

Disinheritance is a serious legal act by which the testator may expressly exclude a descendant from the right to a compulsory share of the estate. Czech law allows this institute only on narrowly defined grounds. This article explains when disinheritance is possible, how to do it properly, and how to avoid the most common mistakes that may lead to unexpected legal complications and court disputes.

The photograph shows an attorney during a consultation regarding the disinheritance of a descendant.

What disinheritance is and how the law defines it

Disinheritance is a unilateral legal act by the testator by which a forced heir—typically a child, or in some cases that child’s descendant—is deprived of rights that would otherwise accrue to them by law. More precisely, disinheritance excludes the heir from their right to a compulsory share, which is a legally protected minimum that a descendant cannot be deprived of.

To understand the practical implications, it is necessary to distinguish between two concepts. A forced heir is a descendant (and, in certain situations, also a grandson or granddaughter) to whom the Czech legal system automatically grants the right to a share of the estate, even if the testator did not mention them in the will at all.

The compulsory share is the minimum monetary expression of this right—for a minor child it is at least three quarters of their statutory inheritance share, and for an adult descendant it is at least one quarter of their statutory inheritance share (pursuant to Section 1643(2) of the Civil Code, hereinafter the “Civil Code”). Disinheritance removes or reduces precisely these rights.

In practice, this means that if you have a child and in your will you leave everything to your mother or partner, the child may still claim their compulsory share—unless they are duly disinherited on statutory grounds. The absence of disinheritance therefore protects descendants even if relationships deteriorate or the testator favours other persons.

Disinheritance is not an institution intended for revenge or for enforcing a parent’s whimsical wishes. If a family dispute is expected regarding the validity of disinheritance or the compulsory share, it is often advisable to address the procedure and evidentiary strategy with an attorney focusing on commercial and litigation disputes. On the contrary, the Civil Code uses it very restrictively—as a corrective measure against descendants whose conduct objectively endangers family assets or breaches fundamental duties towards the testator.

Statutory grounds for disinheritance

Section 1646 of the Civil Code exhaustively—i.e., expressly and without any possibility of extension—defines the grounds on which disinheritance is permissible. The testator cannot invent their own grounds, cannot expand them, and the parties cannot contractually agree on different grounds either. This protects the court from claims such as “we had some family agreement”, “they behaved as they shouldn’t have”, or “I simply thought so”.

The descendant did not provide the testator with necessary assistance in distress

The first ground is that the descendant did not provide the testator with necessary assistance in distress (Section 1646(1)(a) of the Civil Code). “Distress” here means truly serious situations—it is not ordinary life, household matters, or occasional needs. It concerns illness, old age, physical or health limitations, natural disasters, serious injuries, or other borderline life situations.

Crucially, there must be an objectively existing state of distress. The court will assess whether the testator actually requested help, whether the descendant knew that help was needed, and whether they were in fact able to provide it. A descendant therefore cannot be disinherited merely because they did not come every day during an illness if someone else was caring for the testator and care was ensured.

The situation is different where the descendant knowingly refused help even though they could have provided it—for example, they refused to provide financial support in a critical situation or refused to care for a parent with a disability. In such cases, the ground is easier to defend.

The descendant does not show a lasting interest in the testator

The second ground is a failure to show the lasting interest that a descendant should show (Section 1646(1)(b) of the Civil Code). Specifically, this concerns situations where the descendant takes no interest in the testator, does not communicate with them, does not visit them, or is indifferent to them. It is necessary to emphasise the word “lasting”.

However, this ground is one of the most closely scrutinised in case law and involves several pitfalls. Courts repeatedly expressly point out that if the testator themselves showed no interest in the descendant, the descendant’s conduct cannot be regarded as a ground for disinheritance. When drafting a declaration of disinheritance and related arrangements, precise wording and work with evidence are often essential in practice, which is supported by the contracts and negotiations service.

In other words, if the poor relationship is mutual or was initiated by the parent who now seeks to disinherit the descendant, the court will generally not accept such a ground.

The court also takes into account so-called conduct intended to harm or make the testator’s life difficult—where the descendant knowingly made the testator’s life harder, harmed them, filed a false criminal complaint against them, or discriminated against them. In such cases, the ground is better substantiated.

The descendant was convicted of a criminal offence of a depraved nature

The third ground is that the descendant was convicted of a criminal offence committed under circumstances indicating their depraved nature (Section 1646(1)(c) of the Civil Code). Here, the law requires two things: (a) the existence of a final conviction and (b) that the offence indicates the perpetrator’s depraved nature.

Crucially, it is not merely the existence of a final conviction, but specifically the circumstances of how the offence was committed. A conviction alone for an unintentional mistake (e.g., negligent homicide in a traffic accident) will generally not be sufficient.

By contrast, offences committed in a brutal or particularly cruel manner, against protected persons (children, pregnant women, seniors), for base motives (profit, revenge, racial hatred), or with particularly serious consequences may indicate depravity.

The court also considers the relative seriousness of the offence and its impact on the testator. If the offence was less serious or committed under special circumstances, disinheritance may not be proportionate. An open issue also remains the situation where the conviction has been expunged after a certain period—in that case, courts usually do not recognise the disinheritance.

The descendant leads a persistently dissolute life

The fourth ground is that the descendant leads a persistently dissolute life (Section 1646(1)(d) of the Civil Code). This concerns a long-term, recurring, and above all persistent pattern of behaviour that is contrary to social norms. It involves deviation from ordinary standards and a long-term trend, not merely an isolated incident.

Typical examples include: long-term addiction to drugs or alcohol, repeated failure to pay child support for one’s own children, repeated criminal offences or disorderly conduct, prostitution or other socially unacceptable behaviour, and completely squandering financial resources without securing basic subsistence.

The key word is permanence. A one-off episode of drunkenness, possible involvement in criminal proceedings, or temporary financial difficulties will not be sufficient. The court must see a pattern, continuity, and long-term conduct that is so far outside the norm that no return to ordinary life can reasonably be expected.

When assessing the matter, courts also take into account whether the parents themselves contributed to such conduct—whether they failed to provide adequate guidance during childhood, or whether they themselves modelled similar behaviour. If a child lives an unrestrained life as a result of poor upbringing by the testator, disinheritance may not be defensible.

Most common questions about disinheritance

1. Do I have to have a disinheritance declaration drawn up by a notary, or can I write it myself at home?
Legally, both options are permissible—you can write it in your own hand or have it witnessed. However, from a practical perspective, having it drawn up by a notary is the safest option, because the notary will verify your legal capacity, your understanding of the legal implications, and the absence of undue pressure. In addition, the document is immediately archived in the Central Register of Wills, and it is less likely to be challenged later. Most often, a notarial deed costs a few thousand Czech crowns (typically around CZK 1,800 plus VAT for simple cases under Notarial Tariff No. 196/2001 Coll.), which is negligible compared to potential legal disputes. If your circumstances are complex, we recommend consulting the attorneys from ARROWS, a Prague-based law firm—they will help you draft the disinheritance so that it is properly evidenced. 

2. Can I change my mind and revoke the disinheritance?
Yes, absolutely. Disinheritance, like a will, can be changed or revoked at any time. It is sufficient to draw up a new declaration stating that you revoke the previous disinheritance. Alternatively, you can draw up a new will that implicitly revokes the disinheritance (for example, by naming the descendant as an heir again). The safest approach is to execute an express revocation of the disinheritance so there is no dispute about what you intended.

3. What are the most common reasons that courts do not accept?
Most commonly, the court will not agree with disinheritance where the testator claims that the descendant “is ungrateful”, “disappointed me”, or “has a different lifestyle that I don’t like”. The same applies where the testator contributed to the problem—for example, where they failed to fulfil parental duties and now reproach the descendant for similar behaviour. If the relationship was poor on both sides or was initiated by the testator, the court will usually not allow the disinheritance. The attorneys from ARROWS, a Prague-based law firm, can help assess your situation—contact them at office@arws.cz.

The descendant is in debt or behaves wastefully and there is a risk to the compulsory share of their descendants

Another reason is a situation where the descendant is so indebted or acts so wastefully that there is concern that the compulsory share will not be preserved for their descendants (i.e., the testator’s grandchildren) (§ 1646(1) of the Civil Code, last sentence).

This is a new feature of the Civil Code effective from 2014, which did not exist under the previous legislation. The purpose is to protect family assets for the next generation—specifically, to prevent the testator’s assets from disappearing in enforcement or insolvency proceedings of a wasteful descendant.

An important distinction: Disinheritance on this ground must be carried out in such a way that the compulsory share of the indebted or wasteful heir is bequeathed directly to their children. The testator cannot simply disinherit the descendant—they must also make an additional disposition (it can be in the same document) by which they bequeath the compulsory share to the grandchildren. If the disinherited descendant has no children, this form of disinheritance cannot be used at all.

In practice, the ground is met where the descendant has been repaying debts over the long term, has ordinary enforcement proceedings, is in insolvency, or holds a share in real estate subject to enforcement. But be careful—the mere existence of debts is not automatically treated by the court as a ground for disinheritance. The court examines the specific circumstances: how the debtor got into debt, how they behave in addressing it, and whether they are trying to remedy the situation. If they have filed for insolvency and are trying to resolve matters in accordance with the law, disinheritance may not be proportionate.

Wastefulness is assessed similarly—it is a long-term pattern of squandering, reckless spending, and poor financial management that objectively endangers the preservation of assets for the next generation.

The descendant is unworthy to inherit

A special ground permitted by the Civil Code in § 1646(2) is that the descendant is unworthy to inherit. Unworthiness to inherit (unlike disinheritance, which is an act of the testator’s will) is an automatic exclusion from the right to inherit. 

This applies to persons who have committed an intentional criminal offence against the testator, their ascendant, descendant, or spouse, or who have committed a reprehensible act against the testator’s last will (blackmail, threats, destruction of a will, etc.) (see §§ 1481–1483 of the Civil Code).

Disinheriting a descendant who is unworthy to inherit is particularly useful in order to extend the effects to the descendants of the disinherited person—i.e., to exclude them from the estate as well. If the testator does not do so, the descendant’s unworthiness to inherit would not automatically apply to their descendants, and they would step into the inheritance in their place.

Risks and mistakes you can avoid

Potential issues

How ARROWS can help (office@arws.cz)

Disinheritance without stating a reason and subsequent court dispute: If the testator did not state a reason, the risk increases that the disinherited descendant will take the matter to court and it will be difficult to prove that the reason existed.

The attorneys from ARROWS, a Prague-based law firm, will help you draft a disinheritance declaration with a clearly stated and well-reasoned ground, so that it is as well protected against disputes as possible.

Formal defects in the disinheritance document: Missing signature, date, not handwritten, missing witness signatures, etc. Result: the disinheritance is invalid and all efforts are in vain.

ARROWS will ensure that the document is properly prepared and formally flawless. Where appropriate, we will arrange a notarial deed, which is the most reliable form.

Insufficient proof of the ground in court proceedings: The testator claimed “the descendant leads an unrestrained life”, but has no specific evidence—no repeated convictions, medical reports, nothing. The court does not recognise the disinheritance.

ARROWS will help you gather relevant evidence—communications, financial statements, witness testimony, court decisions—so that the ground is credibly substantiated.

Legislative and legal inconsistency: The testator wrote “I disinherit my descendant and bequeath their share to their mother”—but the mother is not their child, so the bequest is formally incorrect. Legal chaos may follow.

The attorneys from ARROWS, a Prague-based law firm, will review the entire structure of your disposition upon death (will, disinheritance, legacies) and ensure consistency and compliance with applicable legislation.

International elements and tax implications: The owner has assets abroad, or the estate includes financial instruments with complex legal regulation. There is a lack of overview.

Thanks to the ARROWS International network, ARROWS, a Prague-based law firm, also handles cases with an international element and can provide comprehensive legal advice including the tax aspects of inheritance.

How disinheritance is carried out: formal requirements and drafting

Disinheritance is not merely an idea—it is a legal act that must meet strict formal requirements. Failure to meet these requirements renders the disinheritance invalid, and the disinherited descendant may then claim their compulsory share or even more.

Form of a declaration of disinheritance

Disinheritance is carried out by a declaration of disinheritance (previously referred to as a “deed of disinheritance”). This declaration may be executed in exactly three ways (under Section 1532 et seq. of the Czech Civil Code, similarly to a will).

The declaration may be executed in three ways. The testator may write the document by hand, date it, and sign it in their own hand.

Who can advise you on this issue?

Alternatively, if the testator does not write the document themselves (for example due to a health disability), they may sign it in their own hand in the presence of two witnesses who are present at the same time, expressly declare that the document contains their last will, and have the witnesses sign it.

The safest form is before a notary, where the notary drafts the document, reads it to the testator, and the testator approves and signs it.

Crucially, a declaration of disinheritance must be made in the same manner as a will. If the testator simply said “I disinherit my descendant” in conversation or wrote an unsigned email, such an act has no legal effect under Czech law.

Mandatory requirements

For a declaration of disinheritance to be formally correct, it must include: the date of execution (for a handwritten document, the specific day), identification details of the testator and the disinherited person (first name, last name, date of birth, address, and where applicable the birth number), a clear expression of the intention to disinherit, and the testator’s handwritten signature at the end of the document.

Must a reason be stated?

A key and often overlooked rule applies here: the testator does not have to formally and expressly state the reason for which they disinherit their descendant (under Section 1647 of the Czech Civil Code). This means it is sufficient to write: “I hereby disinherit my descendant (name of the descendant)” – and it is legally relevant.

However – and this is an important “however” – not stating a reason increases the risk. If the disinherited descendant disagrees with the disinheritance, they may file a claim and challenge in court proceedings whether a statutory reason existed at all. In that case, the other heirs (or the court) will have the more difficult task of proving that one of the statutory grounds was met. If it is not proven, the disinheritance is considered invalid – and the disinherited descendant will receive their compulsory share.

Stating the reason is therefore advisable – it protects the other heirs and reduces the risk of litigation. When the testator writes: “I disinherit my descendant (name of the descendant) because they failed to provide necessary assistance in need when I became seriously ill and they abandoned me without reason,” the other heirs are in a better-prepared position. If a dispute arises, they will be able to defend themselves more effectively.

Common situations and procedural details

Can disinheritance be partial? Yes. The testator does not have to disinherit the descendant completely – they may only reduce them to their compulsory share. For example, instead of disinheriting the descendant entirely, the testator may decide that they will receive only half of the compulsory share. This is legally permissible under Czech law and is often more practical when the relationship is not completely broken.

What if the disinherited descendant dies before the testator? If the disinherited descendant dies before the testator, then their children (the testator’s grandchildren) inherit in their place, unless they were also expressly disinherited (under Section 1648(1) of the Czech Civil Code). Disinheritance therefore does not automatically extend to the descendants of the disinherited person, unless the testator expressly states in the declaration of disinheritance that the disinheritance also applies to the descendants of the disinherited person.

Disinheritance and the other heirs. When one descendant is disinherited, their statutory share becomes part of the estate, which is divided among the other heirs who inherit within the relevant class of heirs (most often among the testator’s other children). The assets are therefore divided among a smaller number of heirs, increasing their shares.

Final summary

Disinheritance is not merely a family decision, but a legal act that must be carried out with the utmost care and in compliance with the law. The testator has the right to decide autonomously about their estate – but only within the legal framework that protects forced heirs. This protection is based on the concept of the forced heir and the compulsory share.

In practice, it often happens that people underestimate the formal requirements or choose incorrect reasons. The result is legal disputes that last for years, cost tens of thousands of Czech crowns in legal fees, and never lead to satisfaction. Many of these problems could be avoided if the testator or their family advisers started preparing the disinheritance with sufficient time and expert guidance.

Disinheritance is meaningful and justified when it is based on real, legally recognised grounds. If you are considering using it, you should be sure that your intention is expressed correctly and is legally defensible. The attorneys from the Prague-based law firm ARROWS at office@arws.cz can assist you with preparation, review, and ensuring that your last will is respected and legally robust.

FAQ - Most common questions about disinheritance in practice

1. Can disinheritance realistically be challenged in court even after years?
Yes. A disinherited descendant may seek judicial protection of their rights. Typically, disputes are addressed within probate proceedings before a notary, but if a decision is made that the disinherited descendant considers incorrect, they may file a claim with the court. The time limits for asserting a right in civil proceedings (so-called limitation periods) are relatively long – usually three years from the moment the right could first have been asserted (e.g., from the date the inheritance decision becomes final). If you are planning to disinherit, you should be aware of this and be prepared for the possibility of litigation.

2. What is the difference between disinheritance and simply not mentioning the descendant in a will?
Fundamental. If you do not mention the descendant in your will at all, without disinheriting them, the descendant may still claim their compulsory share – they will receive at least the minimum portion of the estate to which they are legally entitled. If, however, you disinherit them, they lose this entitlement entirely – they will be entitled to nothing, provided the disinheritance is valid. Disinheritance is therefore a significantly stronger legal instrument, but also more legally demanding and easier to challenge. The key legal difference between these two situations is whether the forced heir receives the compulsory share or not.

3. What if probate proceedings are already underway before a notary and the notary tells me the disinheritance is invalid?
The notary, acting as a court commissioner, is entitled to assess the validity of disinheritance within probate proceedings. If, in the notary’s view, the disinheritance is invalid (for example because formal requirements are missing or the statutory grounds are not met), they may take this into account in the probate proceedings. In that case, the disinherited descendant automatically returns to the proceedings and has the right to their share. If you believe the notary is mistaken, or if you want to defend the disinheritance, you should secure legal representation at that point. ARROWS participates in probate proceedings and can represent you – contact us at office@arws.cz.

4. Can I agree with my descendant that I will disinherit them and they will consent?
Theoretically you can agree, but legally it is not decisive. Disinheritance is a unilateral legal act of the testator – it is legally irrelevant whether the descendant agrees with it or not. If you agree “in private” and the testator dies without a formal declaration of disinheritance, the descendant may still claim their compulsory share. Therefore, disinheritance must always be expressed by a legal act – in a written instrument. Once disinheritance has been made, the descendant may accept the “agreed” reality, but if they do not agree, they may seek judicial protection.

5. What if my situation changes after disinheritance—for example, the descendant reforms or we reconcile?
You can amend or revoke a disinheritance at any time. It is sufficient to draw up a new declaration in which you explicitly state that you revoke the previous disinheritance and “call” the descendant back into the inheritance. Alternatively, you can simply draw up a new will that implicitly revokes the disinheritance. The safest approach is to do this formally—for example, in a new notarial deed. If you would like to address this, please contact ARROWS, a Prague-based law firm, at office@arws.cz.

Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance on the topic under the legal framework as of 2026. Although we take the utmost care to ensure accuracy, legislation and its interpretation evolve over time. We are ARROWS, a Prague-based law firm, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client protection we maintain professional liability insurance with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation, it is necessary to contact ARROWS, a Prague-based law firm, directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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