The inheritance claims of the surviving spouse of the deceased are governed by the relevant provisions of the Slovak Civil Code (hereinafter referred to as the “Civil Code”), in particular Part Seven, which regulates inheritance. The surviving spouse, as a person mentally close to the deceased, has a special position among the legal heirs and inherits in the first group of heirs. It must be taken into account that the surviving spouse, together with the deceased, established a community of property during the marriage (hereinafter also referred to as “community of property”)[1], unless otherwise agreed between them.

According to Section 473 (1) of the Civil Code, the children of the deceased and the surviving spouse inherit in equal shares in the first group of heirs. However, the surviving spouse of the deceased only inherits in the first group of heirs if (i) the deceased left descendants and (ii) the marriage of the deceased was still in existence at the time of death. For the surviving spouse to inherit in the first group of heirs together with the deceased’s children, it is not necessary for the spouses to have lived together or for there to have been a community of property between them. The surviving spouse also inherits if the spouses were divorced, and the deceased died before the divorce decree became final. It is possible that a legally divorced spouse may also inherit as a cohabiting partner in the second group of heirs, provided that the conditions of Section 474 of the Civil Code are met.

If there was a community of property between the surviving spouse and the deceased, the community of property expires upon the death of the deceased and both spouses receive equal shares. The court must determine, in accordance with the principles set out in Article 150 of the Civil Code, which of the property in question belongs to the estate and which is the sole property of the surviving spouse. Only that part of the property is then subject to inheritance after the deceased, as determined by the court in accordance with Section 195 of Act No. 161/2015 Coll. of the Civil Procedure Code (hereinafter also referred to as “CCP”). It follows from the above that the surviving spouse will receive half of the property they acquired together during their lifetime for the purpose of settling the BSM, and only the part of the property belonging to the testator will be subject to inheritance.  Of the part belonging to the deceased, the children of the deceased and the surviving spouse will inherit.

The surviving spouse can inherit no more than half of the first group of heirs, and only if at least one of the deceased’s descendants inherits with him or her. It does not matter whether the child of the deceased is also a descendant of the surviving spouse or not. However, if the deceased left no children, the surviving spouse does not inherit independently in the first group of heirs and is therefore automatically transferred to the second group of heirs. In accordance with Article 474 of the Civil Code, if the deceased’s descendants do not inherit, the spouse, the parents of the deceased and those who lived with the deceased in the same household for at least one year before the death of the deceased and, for this reason, provided for the household or were dependent on the deceased, inherit in the second group.

In the second group of heirs, the surviving spouse has a special position, as he or she can also inherit independently and must always receive at least half of the inheritance. However, if the surviving spouse remains alone in the second group of heirs, he or she acquires the entire inheritance from the right of succession. The condition of being married at the time of the deceased’s death must also be fulfilled for an inheritance within the second group of heirs. The surviving spouse in this second group of heirs is also entitled to his or her share of the community property.

Pursuant to Article 484 of the Civil Code, the court shall confirm the acquisition of the inheritance according to the heirs’ shares. Where statutory succession is concerned, the share of an heir shall include what he obtained from the deceased free of charge during the deceased’s life except for common gifts. If an heir stated in the provisions of Section 473 Subsection 2 [1], of the Civil Code is concerned, the share shall also include what the heir’s ancestor obtained from the deceased free of charge. Where testamentary succession is concerned, such inclusion shall take place if the testator so ordered or if the heir who received other gifts would have an unreasonable advantage over the heir stated in the provision of Section 479 of the Civil Code.

According to Article 484 of the Civil Code, a set-off is permitted not only against the descendants of the deceased, but also against the surviving spouse. The hypothetical share of each heir in the estate is therefore calculated based on the set-off. The value of the gifts received by the heir during the deceased’s lifetime is deducted from each heir’s share calculated in this way. However, if the value of what one of the heirs received free of charge from the deceased during his or her lifetime exceeds the hypothetical share, that heir will receive nothing from the estate. It should be emphasized that the difference by which the heir received more than the other heirs does not have to be returned to the estate.

In this context, it should be mentioned that other circumstances also affect the determination of the amount of the shares, such as partial invalidity of the will, claims of the legal heirs to the compulsory shares, disinheritance, incapacity to inherit, etc.   

If the testator has left a will and has not named the surviving spouse as an heir, he or she may do so, as the surviving spouse is not entitled to the compulsory portion. Only the testator’s children are considered compulsory heirs. According to Section 479 of the Civil Code, minor descendants must receive at least as much as they are entitled to according to the statutory order of succession; in the case of adult descendants, the compulsory portion is at least half of their statutory share. If the will violates this provision, it is invalid only in such a part, unless these descendants were disinherited.

Note: This document is for general information purposes only and does not replace legal advice in a specific legal matter. If you have any questions, please do not hesitate to contact our law firm.

[1] Fekete, I., Civil Code – Large Commentary, 3 vols. page 111

[2] Section 479 of the Civil Code stipulates the following: “Minor descendants shall obtain at least as much as their statutory share and adult descendants shall obtain at least one half of their statutory share. If the will violates this provision, it is invalid only in such a part, unless these descendants were disinherited.”