Slovakia

What are the principal forms of will in Slovakia?

* A will drawn up in the form of a notarial deed.

* the holographic will, written, dated and signed by the testator himself.

* the allographic (or “before witnesses”) will, drafted by a third party and signed by the testator and two witnesses.

Does a register of wills exist in Slovakia?

Yes, there is a register, administered by the Slovakian Notariat. The registration and search of wills is carried out electronically.

• Why register a will?

Registration of a will in the register is not mandatory unless it is a will drawn up in the form of a notarial deed. In any case, however, a will that cannot be found is a non-existent will.

This is why it is recommended to record all wills in the register, by filing holographic or allographic wills with a notary. In this way, the testator can be sure that his last wishes will be found and therefore respected following his death.

•  Who can carry out the registration?

The civil law notary carries out the registration of wills. In effect, although it is possible to draw up a will oneself, the assistance of a civil law notary is particularly valuable since he is a specialist in the matter. His advice shall thus enable to draw up a will which respects the law and which therefore does not run the risk of being declared null and void.

It is not the content of the will which is registered in the register but the information which enables the will to be found.

•  Who keeps the will?

The notary is in charge of keeping the wills drawn up in the form of a notarial deed, holographic and allographic wills confided to him by the testator.

•  Can the testator’s family members consult the register while he is still alive?

No, the existence of a will and its content shall remain a secret during the entire life of the testator.

•  How much does it cost to register a will?

The registration of a will costs about €55 excluding value added tax.

• Who may query the register of wills?

Upon the death of the testator, a civil law notary shall be appointed by the court as “Court commissioner” in order to carry out succession proceedings. This “Court commissioner” shall be the only one who may query the register of wills. This query is obligatory as it ensures that the last wishes of the testator are respected.

• Is it necessary to provide a death certificate?

No, the death certificate will be delivered to the probate commissioner together with the probate file.

• How much does a search cost?

A search in the Slovakian register costs about 3 €.

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