I was genuinely surprised when I first learned how inheritance works here in Hungary. Having lived in Canada, the US, and the UK, I’d always assumed that if you left a will naming your spouse as your sole heir, that would be that. Simple. But in Hungary, the law has other ideas.

Here, children automatically inherit property – even if you’d prefer to leave everything to your partner. The logic makes sense within a family-first culture, but for foreigners used to more flexible systems, it’s a jolt. You can’t just write your husband or wife’s name and bypass everyone else; Hungarian law ensures that children and close relatives still receive what’s called a forced share.

It’s not a bad system, but it’s different – and it can catch expat homeowners by surprise, especially those buying property together or settling here long-term. To explain how it actually works, I asked Orsi Szentkirályi, Junior Associate at Kassai Law, to share her professional insight.

From Orsi Szentkirályi, Kassai Law

Avoiding forced heirship, family disputes, and the surprises of dying without a plan.

Nobody really loves talking about estate planning, but if you live in Hungary – or even just have property here – ignoring it can get expensive and messy. Hungarian law may control who inherits your assets, even if you consider another country “home.” Leave things unclear, and the law decides for you – this could mean unexpected heirs, shared property disputes, or months stuck in probate.

The good news? Hungarian rules are pretty straightforward. The bad news? The “default plan” might not match what you want. Here’s the lowdown if you don’t make a will.

So, what happens if there is no will?

Hungary follows ipso iure succession, which basically means that the moment you die, your property automatically passes to your heirs. No waiting around, no executor sorting things out – ownership switches instantly by law.

If there’s no will, intestate succession kicks in:

• Spouses and children share equally.
• No kids? Then parents and siblings inherit.
• Surviving spouses get some special rights in the shared home.
• No relatives? The state eventually steps in.

Why Having a Will Matters

A will gives you control. It stops a house from being sliced into tiny shares, avoids family fights, and ensures your assets go where you want. Hungarian law is picky about how wills are made:

• Holographic will: handwritten and signed by you (rare).
• Allographic will: typed or written by someone else, signed in front of two witnesses (common).
• Notarial will: deposited at a notary.
• Oral will: only allowed in emergencies.

An important legal requirement: you can only make a will in a language you speak and understand, so it is crucial that anyone assisting you can also speak and understand your language.

Forced Share

Hungarian law protects close family with a “forced share” (kötelesrész). Spouses, children, and parents are entitled to one-third of what they’d get under intestate succession. Even if you try to cut them out, they can claim this portion. Disinheritance is possible, but the rules are strict.

Foreign Wills and Hungarian Assets

Got a will from another country? It’s often recognized, but small differences in formalities can cause delays or disputes. A Hungarian lawyer can check it. Sometimes, it’s easier to make a separate Hungarian will for local property. It speeds up things but must be coordinated with any foreign will to avoid conflicts.

The EU Succession Regulation (Brussels IV)

If you live internationally, Brussels IV can simplify things. By default, in the EU your estate is governed by the law of your “habitual residence” at death. But you can choose the law of your nationality, or of the location of your assets, instead. This choice should be clearly stated in your will, ideally with professional help, to avoid surprises. This rule, however, may not apply if your habitual residence and citizenship is outside of the EU.

Avoiding Co-Ownership Problems

One common headache is property stuck in co-ownership between heirs who can’t agree on what to do. Some want to sell, others keep it – unanimous consent is often required, and deadlocks can drag on for years. A clear will can avoid this by leaving property to one heir and giving others cash or other assets.

Common Pitfalls

• No planning: intestate succession leads to messy co-ownership.
• Unenforceable foreign wills: mistakes with translation or witnesses can delay probate.
• Ignoring forced share: children or spouses might contest your will.
• Vague instructions: unclear language leaves it to the courts to interpret.

+1 “Living Will”: Plan on Medical Decisions in Case of Incapacity

A living will (or advance healthcare directive) covers medical decisions if you can’t speak for yourself. It sets out your wishes on treatments like life support, resuscitation, or nutrition. Unlike a standard will, it’s about healthcare while you’re alive.

A living will avoids confusion, reduces conflicts among loved ones, and ensures medical staff follow your preferences. In Hungary, these can be legally binding if done correctly.

+2 Can I Appoint Someone I Trust to Look After My Finances If I Fall Ill?

Generally speaking yes. However, this document requires specific content and form, so it’s best to discuss your situation with a lawyer.

FAQ – Inheritance Law in Hungary

Are foreign wills recognized in Hungary?
Usually yes, but they must follow local rules. Translation, notarization, or witnesses may be required to make a foreign will valid in Hungary.

Do I need a lawyer to write a will in Hungary?
No, the law doesn’t require a lawyer to write your will. However, it’s strongly recommended to get legal advice to ensure it meets all Hungarian requirements and will hold up in court.

What is the EU Succession Regulation (Brussels IV)?
It determines which country’s law governs your estate when you have ties to more than one EU country. By default, your estate is governed by the law of your habitual residence, but you can choose the law of your nationality instead.

What does “habitual residence” mean?
It’s the country where you have the closest and most stable personal and professional ties – typically where you live, work, and spend most of your time.

How do I avoid conflicts between heirs?
Clear instructions are key. Leave property to one heir and compensate the others with cash or assets to prevent years of disagreement and shared ownership deadlock.

What are common mistakes with Hungarian wills?
Relying on intestate succession, failing to translate or notarize foreign wills, ignoring forced shares, and leaving vague instructions that require court interpretation.

What This Means for Expats and Foreign Homeowners

Reading through Orsi’s points, what stands out for many of us who’ve bought homes here is how automatic everything is. In Hungary, there’s no long probate delay, no executor – property passes instantly to heirs. That can feel efficient until you realise your house may now be jointly owned by your spouse and adult children who live abroad.

For expats, this raises questions: what if your husband isn’t a Hungarian citizen? What if your children are from a previous marriage? Or if your “family home” is technically a holiday house in Veszprém county? In these cross-border cases, a locally valid Hungarian will coordinated with your foreign one is almost essential.

And don’t underestimate the language rule: your will must be made in a language you understand. It sounds obvious, but a mistranslated clause or incorrectly witnessed document can render everything void.

In short, Hungarian inheritance law rewards clarity and punishes assumptions. Take the time now to plan, especially if you’ve invested in property here.

Next Steps and Helpful Resources

• Read next: Hungary Property Law 2025: Villages May Block Sales
• Expert support: Kassai Law – Official Website
• Further reading: EU Justice – Succession Regulation (Brussels IV)

Closing Reflection

It’s not the most cheerful topic, but understanding Hungarian inheritance law can save your loved ones real confusion – and sometimes serious money. As autumn rolls on here in Veszprém county, I’m spending more evenings reviewing paperwork than pruning vines, but I take comfort in knowing things are in order.

If you own property in Hungary or plan to, don’t wait to make a will that reflects both your wishes and Hungarian law. It’s one of the simplest ways to protect the life you’ve built here.

A huge thank-you to Orsi Szentkirályi, Junior Associate at Kassai Law, for sharing her insight and clarity on such a complex topic. Kassai Law is the first fully virtual law firm in the EU, offering a modern, cross-border approach to legal services – ideal for expats, digital nomads, and business owners who need reliable support without the bureaucracy.

Their team advises international clients on everything from property transactions and inheritance planning to remote document signing with high-security electronic signatures. They also provide bilingual contract drafting, official translations, and company establishment services across Europe – helping clients live, work, and invest confidently from anywhere. You can learn more at kassailaw.com or follow them on LinkedIn.

If you’d like to go beyond the legal side and explore what owning property in Hungary really feels like – from finding the right type of home to understanding regional challenges, building regulations, and trusted professional sources – you’ll find all of that (and more of my personal stories) in my ebook, HOW TO HUNGARY: Budapest & Beyond.