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Ninety percent of Hungarians have made a final decision on the pandemic and 18 percent are considering preparing an online survey of more than 3,000 responses from the Hungarian National Chamber of Notaries – MOKK. This means that the pandemic did not significantly increase the will to will.
There are still many misconceptions about inheritance and wills, and three-quarters of respondents do not know that spouses do not inherit anything one after another in the absence of a property disposition, and 52 percent of which the formal requirements will be valid for a will. Twenty-two percent of those surveyed plan to write a will once until their death, a quarter would do it themselves, while the majority would resort to a notary because they consider it the safest solution.
In its online survey, MOKK examined, among other things, the impact of the pandemic on probate habits and whether Hungarians are familiar with the basic rules and legal options for making a will. The survey clearly showed that several concepts related to inheritance are already well ingrained in society, but there are still many misconceptions and misunderstandings surrounding the final measures.
You don’t always need witnesses
The majority of those surveyed, 52 percent, did not know that they would only need witnesses for a will if the testator did not write it by hand. Testimony is not required for a handwritten will, as in the case of a will made by a notary. However, more and more people – 79 percent – are aware that although it is not necessary for the will to be deposited with a lawyer or notary, it is worth it because it will not be lost, but it will certainly appear in probate proceedings.
The fact of a will drawn up by a notary or deposited in his possession, or in some cases a will drawn up by a lawyer, is registered in the National Registry of Wills, from which the notary who knows about the succession recovers the data in all cases . The vast majority of respondents, 86 percent, are also aware that the so-called public will issued by a notary has a stronger probative value, which makes it more difficult to challenge it than the private will. However, 8 percent of those surveyed live under the misconception that a will can only be challenged in the absence of probate procedures.
– Our experience is that the majority of formal and erroneous wills are contested by those excluded from inheritance, which can lead to many years of litigation. That is why it is extremely important to know the basic rules of the will, but the best solution is to go to a specialist who wants to make a will – emphasizes Ádám Tóth, president of MOKK.
Three-quarters of those surveyed were also aware that those who would be legal heirs, even if the testator excludes them from the inheritance, will have the right to duty despite exclusion. Sixteen percent of those surveyed believed that those who would otherwise have been the legal heirs of the testator would receive nothing after exclusion. The deprivation of the duty of the latter, that is, the denial of the heir, is in fact only very rarely enforceable because it is subject to strict legal cases, as is possible if the future heir has broken the life of the testator.
Spouses are not legal heirs to each other
The most serious misunderstanding is related to the heritage of life partners. About three-quarters of Hungarians, 68 percent, do not know that their spouses are not legal heirs to each other. It is a typical mistake to think that a common child or a longer cohabitation, from ten to fifteen years, would give them the right to inherit. In fact, life partners can inherit one after another only if they mutually benefit.
The order of legal succession corresponds to the majority
Due to the pandemic, many have considered making a will. Ninety percent of those surveyed have already done it, while 18 percent have thought about it but haven’t done it yet. However, the majority, 61 percent, believe that their heirs should be inherited in the order prescribed by law if something were to happen to them due to the epidemic. And 12 percent of those surveyed didn’t consider a pandemic a risk factor, so they didn’t even think about taking a final action.
The big picture of wills shows similar but improving proportions. 14 percent of those surveyed already have a will, 29 percent plan to do so, but most respondents feel they don’t need a will. 10-10 percent of them because they have only one heir or no divisible assets, and 37 percent want their inheritance to be inherited in accordance with the legal succession regime.
– The increase in the number of final measures is now a multi-year trend, which is mainly related to wealth, – emphasizes Ádám Tóth. According to the MOKK president, while the vast majority of people in the vicinity of regime change had a will, as they typically had no other property than a car, an apartment, and possibly a vacation home, in the last three decades a middle class and a significant entrepreneurial layer have emerged. who, many times in advance, consciously plan to inherit their wealth.
According to the survey, by the way, those who want to make a will would mostly go to a notary public – 51 percent – and have a public will issued, a quarter would write their will with a lawyer, and only 24 percent of respondents would have it ready to do it themselves.
Photos: Getty Images
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