Family Law and Defined Inheritance Rules
The local authority of the deceased person’s last place of residence is responsible for preparing the probate proceedings, but they are conducted before the appointed probate notary. All interested parties are obliged to attend the probate proceedings. The procedure is usually governed by the deceased person’s testamentary will or by the applicable legal rules, but interested parties may make a declaration of succession or reach an agreement between themselves that differs from the rules applicable to them. The probate procedure is completed by a notary’s probate decision, which confirms the succession to third parties.
In Hungary, the rules on legal capacity are set out in Book 2 of the Civil Code. All persons whose capacity to act is not restricted by this Act or by a court decision ordering guardianship are competent to act. A person who has legal capacity may conclude contracts or make other legal declarations himself. Any declaration of incapacity shall be null and void. Restrictions on capacity to act may arise from age or from the limited physical or mental capacity of a person, even if he or she is of full age. A person under the age of 14 or an adult who has been declared incompetent by a court is incapable of acting. They cannot make any legal declaration and are represented by their legal representative or guardian. Persons with limited capacity to act: any person over 14 years of age who has not attained the age of 18 years, or a person of full age who has been declared such by a court. Persons with limited capacity to act can make legal declarations on their own in certain matters, but in matters outside this scope they act in conjunction with their legal representative or guardian.