Yes, disinheriting a child is legally permissible in Hungary under strict conditions outlined in the Civil Code, but forced heirship rules limit absolute exclusion. The Hungarian legal framework permits parental disinheritance only for specific, legally recognized grounds, with the Hungarian Notarial Office (MOK) overseeing testamentary validity. Recent 2026 amendments to Act V of 2013 on the Civil Code further tightened procedural safeguards to prevent coercive disinheritance.
Key Regulations for Disinheriting a Child in Hungary
- Forced Heirship Entitlement: Children are protected as necessary heirs under §7:152 of the Civil Code, entitling them to at least half of their statutory inheritance share unless disinherited for valid reasons.
- Valid Disinheritance Grounds: Exclusion requires proof of severe misconduct (e.g., violent acts, fraud against the testator, or persistent neglect) per §7:153, with evidence subject to judicial or notarial review.
- Mandatory Notification: Disinherited children must be formally notified of the testamentary decision via the Hungarian Central Register of Wills (KÖVET), with non-compliance potentially invalidating the exclusion.
Disinheritance instruments must be executed as public wills before a notary or court to ensure compliance with anti-coercion measures introduced in the 2026 amendments. Courts may annul disinheritance if procedural irregularities or undue influence are detected, emphasizing the Hungarian judiciary’s role in balancing testamentary freedom with familial protections.