Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
The law which applies to the inheritance is the law of the country whose nationality the deceased possessed at the time of his/her death. If, at the time of his/her death, the deceased had dual Slovak and another nationality, Slovak nationality prevails. If, at the time of his/her death, the deceased held several nationalities, the applicable law is that of the country of the deceased’s last nationality. It is not possible to choose the applicable law.
Detailed information
Which criteria are used to determine the applicable law?
The succession relationships depend on the legal system of the State of which the deceased had nationality at the time of death. The Slovak Republic is one of the States whose rules on conflicts of law provide for the principle of the unity of the succession, in the absence of international conventions. The notion of “succession relationships” relates above all to the questions of who is heir, what is the scope of the succession, the capacity of succession and liability for the deceased’s debts. However, it does not cover questions concerning the validity of form, transfer and administration of the succession or succession duties.
In this context, Slovak law permits renvoi. If the foreign law refers to Slovak law, Slovak rules are applicable on condition that this is reasonable and fair with respect to the situation in question.
The choice of applicable law is not permitted.
What are the main international agreements in force?
With respect to the court’s jurisdiction in succession matters, the Slovak Republic has bilateral conventions of mutual judicial assistance with the following countries:
Bulgaria
Hungary
Poland
Romania
Austria
Russia
