Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
In principle, it is not possible to choose the applicable law, but the heirs can decide to use Hungarian substantive law before a Hungarian notary. The applicable law for substantive law is determined by the deceased’s nationality. The provisions of Hungarian procedural law always apply for a succession.
Detailed information
Which criteria are used to determine the applicable law?
Succession will be governed on the basis of the law which was the personal law of the deceased at the time of his/her death. (§ 36 (1) of Law-Decree No. 13 of 1979 on International Private Law) The deceased’s personal law is determined by his/her nationality.
Renvoi: If, in accordance with this Law-Decree, foreign law is applicable, the material rules of the applicable foreign law directly settling the issue in question shall govern. If, however, the foreign law refers back to the Hungarian law the Hungarian law shall be applicable. (§4 of Law-Decree on IPL)
Which principles govern the choice of applicable law?
Hungarian law does not provide for the choice of applicable law.
What are the main international agreements in force?
Austria: Treaty on inheritance matters – 26.09.1967
Czech Republic and Slovakia: Treaty on legal aid and on regulation of relations in civil law, family law and criminal law matters – 12.02.1990
Bilateral Consular convention with: Austria – 30.04.1977, Belgium – 18.10.1978, France – 14.10.1967, Finland – 1.01.1973, Greece – 26.05.1979, Italy – 21.12.1974, Czech Republic and Slovakia – 20.02.1974, Poland – 7.01.1974, Romania – 14.11.1974, United Kingdom – 28.11.1971.
Treaty on legal aid in civil law, family law and criminal law matters with: Bulgaria – 11.03.1967, Poland – 27.02.1960 and Romania – 7.05.1959.
