2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?

2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them?

2. Can you indicate which are the most common authentic instruments in the case of a succession to the estates of deceased persons and which authorities issue them? 150 150 ih_authacts

Hungarian notaries have competence to draw up various authentic instruments related to successions relationships. These are among others as follows:

  1. Dispositions of property upon death, i.e.
    • Authentic wills drawn up by a notary either because this form is required by law (e.g. blind persons) or because the testator has freely opted for an authentic will. (Revocation of an authentic will: revocation is governed by the same rules that apply to the making of the will. If the testator wants to withdraw his/her authentic will, he/she has to contact a notary for the revocation. If the old will is to be replaced by a new authentic will, the fact of revocation will be contained in the new authentic will. The new will is an authentic instrument.)
    • A succession agreement but only if: the parties are required by the Civil Code to create such an agreement in the form of an authentic instrument or because the parties opted to create the succession agreement in the form of an authentic instrument.
    • Testamentary gift (donation upon death) in the case it is drawn up in a notarial authentic act.
  2. Waiver of the succession (which is an agreement between the testator and his/her potential heir) in the case of it being drawn up in an authentic instrument.
  3. Other legal statements if they are made in the form of a notarial authentic act, for example:
    • Refusal of a succession (always after the death of the testator);
    • Agreement on expected inheritance (the descendants of a testator shall be entitled to conclude an agreement among themselves regarding their expected inheritance even during the lifetime of the testator.)
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