Bratislava – Slovakia is revisiting proposed changes to its civil code following criticism that initial drafts did not sufficiently protect the inheritance rights of children. Justice Minister Boris Susko announced the potential increase to mandatory inheritance shares, signaling a willingness to amend the legislation currently under review by Parliament and expected for a first vote before the end of February. The revisions come amidst a broader modernization of Slovakian law regarding estate planning and asset distribution, but have sparked debate over balancing testamentary freedom with family protections.
Slovakia is considering increasing mandatory inheritance shares for children as part of a sweeping overhaul of its civil code, responding to concerns that initial proposals didn’t adequately protect the rights of heirs. Justice Minister Boris Susko announced the potential change, signaling a willingness to revise the draft legislation.
The original proposal aimed to grant testators greater freedom in deciding how to distribute their assets, particularly to adult children, resulting in reduced mandatory inheritance portions compared to current law. However, critics argued this weakened protections for children, prompting the ministry to reconsider.
- Mandatory inheritance shares for children will be increased in Slovakia’s new civil code.
- Initial proposals reduced these shares to provide greater flexibility for testators.
- The new code introduces concepts like inheritance contracts and bequests.
Inheritance Rights and New Legal Tools
“Even when we presented the Civil Code, we said that it is a proposal from the codification commission and we are prepared to discuss a significant increase in mandatory shares precisely from the point of view of preserving the family, preserving family property, and so on,” Susko said.
The proposed changes come as Slovakia expands its inheritance law to include new instruments like inheritance contracts and bequests, offering both testators and heirs more options for estate planning and protection. The move underscores a broader effort to modernize and clarify inheritance regulations.
Family Law Code Status Uncertain
Susko also indicated that a separate family law code may not be integrated into the new Civil Code. He explained that numerous objections have been raised, with many stakeholders preferring to keep family law as a standalone statute. However, he noted that most neighboring countries incorporate family law within their civil codes.
“The truth is that historically, this has always been in a separate law in Slovakia. It is an open question, and I do not rule out that after the conciliation proceedings, we will not return to the point of not removing that part from the Civil Code and leaving it as a separate law on the family. Based on how I have seen the number of comments in this area, it is possible that this is how it will end,” Susko admitted.
