I. Introduction

In a valid will, the testator may provide that any heir be disinherited from the entire estate. This means that the disinherited heir will not even be entitled to the compulsory share and, consequently, will inherit nothing from the testator. Pursuant to Section 7:82 (1) of Act V of 2013 on the Civil Code (hereinafter: Civil Code), the compulsory share amounts to one-third of what the person entitled thereto would have received as a statutory heir. However, under Section 7:77 of the Civil Code, disinheritance is only valid if the ground for disinheritance is expressly stated in the will. These grounds are exhaustively listed in Section 7:78 of the Civil Code; any other ground specified will render the disinheritance invalid.

II. Gross Ingratitude

One of the statutory grounds for disinheritance is “gross ingratitude” as set out in Section 7:78 (2) of the Civil Code. The testator may invoke this ground only against an adult descendant. However, disinheritance on this basis, including the exclusion from entitlement to the compulsory share, is valid only if the testator clearly specifies the acts or omissions constituting the gross ingratitude.

In its precedential decision No. Pfv.20484/2023/7, the Curia (Supreme Court of Hungary) confirmed the judicial practice that “it is insufficient to state the ground for disinheritance in general terms; the provision in the will can only be regarded as valid if the testator sets out in the will the legally relevant conduct which, according to general social judgment (public perception) and its judicial interpretation, amounts to gross ingratitude, and which conduct specifically concerns the disinherited person, arising in connection with his or her actions.”

Thus, while the benchmark for assessing gross ingratitude is public perception, in reality it rests on judicial interpretation. In any event, disinheritance on this ground requires that the will contain a detailed description of the legally relevant, serious conduct attributable to the disinherited descendant.

The Budapest Regional Court of Appeal in its decision No. Pf.20870/2021/6 classified as such conduct the omission of necessary care and nursing of the testator, as well as any act or omission that leads to such a deterioration of the parent–descendant relationship that it results in the complete breakdown of that relationship.

III. Disinheritance on Grounds of Conduct Seriously Violating Marital Obligations

Pursuant to Section 7:78 (4) of the Civil Code, conduct seriously violating marital obligations may also constitute a ground for disinheritance. Judicial interpretation, as with gross ingratitude, plays a decisive role in qualifying such conduct.

According to case law, such conduct includes, among others, adultery or the continuous failure to fulfil the duty of support. It is important to note that where no marital cohabitation exists between the spouses, reliance on this ground is invalid and unnecessary, since pursuant to Section 7:62 (1) of the Civil Code, the surviving spouse is excluded from succession and is not entitled to a compulsory share. Accordingly, this ground for disinheritance is only applicable in cases where marital cohabitation exists.

IV. Release from the Effect of Disinheritance

Under Section 7:79 of the Civil Code, if the testator forgave the cause of disinheritance before death, either in writing or orally, the disinherited person may claim the compulsory share. A crucial point is whether forgiveness occurred before or after the will was made. If forgiveness occurred prior to the testamentary disposition, the disinheritance generally becomes invalid. However, if forgiveness occurred after the will was executed, the disinheritance becomes ineffective without the need to revoke the will, while the other provisions of the will remain valid.

If disinheritance is based on gross ingratitude but the will fails to specify the conduct or reason underlying the exclusion, thereby not meeting the requirements of judicial practice, the descendant concerned may challenge the will, since he or she will be entitled to the compulsory share. Importantly, the invalidity of the disinheritance clause does not affect the validity of the will as a whole. The descendant has five years from the commencement of succession to challenge the will, unless he or she has waived the right to contest it. Waiver may also take the form of acknowledging the validity of the will.

For effective contestation of a will or for professional legal advice, we recommend the services of our law firm.

Authored by: dr. Vajk Várai-Jeges