Last will and testament

Hi Team
Can anyone advise - recommend how to go about completing a Last will and testament. Or advise on the format.
* If a lawyer is required ?
If so a lawyer  who has realistic charges.
Thanks team , I look forward to your replies- suggestions.
Btw : I am British so I assume EU laws apply.
Mark

Mark Lewis002 :

Hi Team
Can anyone advise - recommend how to go about completing a Last will and testament. Or advise on the format.
* If a lawyer is required ?
If so a lawyer  who has realistic charges.
Thanks team , I look forward to your replies- suggestions.
Btw : I am British so I assume EU laws apply.
Mark

No such thing as EU laws in inheritance.  Property inheritance (tax) law is local for immovable property.

Simple questions:

Are you married?
Do you have kids?
Do you own property in Hungary (a house or land or a flat)?
Who will be the beneficiary of your estate?  Your other half?
Is your other half a local?

Hi Fluffy 2560

Thanks for your reply , this is the reason I asked if anyone knows the appropriate - correct methods for completion. As its quiet a sensitive subject. I would be looking for a confidential method. This is why it would be good to know who could arrange  it for me.
:) 🤔😳👍

Mark Lewis002 :

it would be good to know who could arrange  it for me.
:) 🤔😳👍

You need to contact a competent Hungarian Attorney.

My US Embassy has a list of Attorneys in Hungary you might find of use:

https://hu.usembassy.gov/u-s-citizen-se … attorneys/

Mark Lewis002 :

Hi Fluffy 2560

Thanks for your reply , this is the reason I asked if anyone knows the appropriate - correct methods for completion. As its quiet a sensitive subject. I would be looking for a confidential method. This is why it would be good to know who could arrange  it for me.
:) 🤔😳👍

I know from my own experience - married to a HU citizen with kids and owning property - is that property law is Hungarian law when it comes to immovable assets (houses, land, apartments etc).   
The formula how it's shared out is absolutely clear.   If that's your biggest and only asset, you do not really need to do much on immovable property.   If you have other substantial assets you should indeed seek advice of a lawyer.

Keep in mind that US embassies don't do any diligence when it comes to listing local attorneys: it's not like the attorneys are recommended or searched out by the embassy in any sense. (Though maybe if there are complaints they'll take somebody off the list.) Basically, if you're a local lawyer and want to be on the list, you just contact the embassy and ask. So long as you are in fact admitted to practice law, you qualify.

zif :

Keep in mind that US embassies don't do any diligence when it comes to listing local attorneys.

Redundant. The US Embassy already clearly states this at the link I provided.

It is not a complete list of lawyers practicing here and absence of a law firm or an individual from the list is in no way a reflection of its competence.  Inclusion on the list is based primarily on the firm or the individual having provided the Embassy with detailed information. The U.S. Embassy Budapest, Hungary assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the following persons or firms.

Not redundant.

The point, which should be emphasized, is that steering people to the embassy site as if it's going to be helpful without saying more is not really very helpful. May as well point to the Yellow Pages.

Better that folks look at Martindale's, the long-time lawyer directory which does exercise some control over who gets a listing. You can check educational background and areas of practice. Several hundred lawyers in Budapest are listed.

www.martindale.com/search/attorneys/?te … %20Hungary

zif :

Not redundant.

If you want to hold the opinion that you repeating what the US Embassy already said as not redundant, then that is your right.

zif :

The point, which should be emphasized, is that steering people to the embassy site as if it's going to be helpful without saying more is not really very helpful.

Again, only your opinion. And I said the OP "might" find it of use. Or he might *not*. That is, I am not going to hold people's hands here. I, for one, assume others are mature adults, and are intelligent enough to read obvious warnings and to shop around, and do their own due diligence when trying to find a competent attorney.

Also be aware, if you were not, that many people here make posts asking for an English speaking professional. For one thing, the US Embassy list does include languages spoken. And that may indeed be helpful to some expats, as at least to narrow attorney options they can check. Meanwhile, the attorney that I use, for example, for land issues is very competent, but does not speak English. Suggesting her to most expats would not be helpful. Many issues to consider.  :)

zif :

May as well point to the Yellow Pages.

For those not aware of the existence of the Yellow Pages, then pointing them to it as a first resource is perfectly appropriate. Even the Yellow pages are a resource.

zif :

Better that folks look at Martindale's,

I am sure the OP, and others appreciate your suggestion. Would it not have been easier to simply have suggest that as another option to begin with, rather than just criticizing?  ;)

But, even that list... well, one should still shop around and do personal due diligence and not *just* trust a professional simply because they are on a list. That is, again, we all need to be adults here.  :cool:

It's really a shame that folks on this board can't make even the most inoffensive post, like pointing out the problem with the embassy site, without triggering a barrage of a response from you. Happens time and again here.

zif :

It's really a shame that folks on this board can't make even the most inoffensive post, like pointing out the problem with the embassy site, without triggering a barrage of a response from you. Happens time and again here.

People at forums have different opinions. I had one. You had one. At forums we discuss opinions. The entire point of a forum is to discuss... and make responses. Not quite sure what you mean by "barrage of a response". Well... yes.... I may respond to your comment. That is the entire point of a forum.

If you do not want to discuss the point further, that is fine. But blaming and criticizing the personal behavior of others for simply making posts that may disagree with yours, is not only not cool, it is against forum rules:)

Dear everyone ,thanks for all your comments. Actually I am surprised at all the replies- posts. It is not such a difficult problem -issue to solve. I have already started to complete with  local Lawyers. I was just curious if anyone had already completed a will in Hungary ,who is not Hungarian. Unusual but the will has to be in your mother language and Hungarian, also the translated document must be officially  translated and stamped by the an official translation office.

Thank you all
👍👍👍👍

Mark Lewis002 :

I am surprised at all the replies- posts.

Actually, I don't know any average Hungarian who has made out a will. Not really a "thing" here. The default law defines inheritance for the most part. So what is "normal" to you and your culture, is maybe "strange" to the locals here....

But aside from that, Hungary is at the epicenter of reactionary/authoriarian versus free democratic ideologies. So some discussions here lately, and sadly, tend to degrade to those, on one side or another, that are not able to agree to disagree.

I hope, despite that, you could filter out and get some useful information that could help you address your issue as I think all posters, eventually, had good input on topic options for you.   :)

Yes the rule of ""intestate"" appears to be the common rule. Also a lot of useful  information from other posts.

klsallee :
Mark Lewis002 :

I am surprised at all the replies- posts.

Actually, I don't know any average Hungarian who has made out a will. Not really a "thing" here. The default law defines inheritance for the most part. So what is "normal" to you and your culture, is maybe "strange" to the locals here....

"Ordinary" people in HU really only have their houses and property as their biggest assets and the rules are really very clear indeed. 

They did rewrite the Civil Code a few years ago but it's absolutely without doubt HU law applies to immovable property located in HU.   This trumps any other law. 

If anyone cares, I can try and find the English version of the recent Civil Code on inheritance.  I have a copy somewhere.

It does mean that you might need two wills one for another jurisdiction and one in HU especially regarding property and possibly to mitigate tax.   But for most people their total assets will be realistically well under the thresholds.

New topic