Updated: 2022.07.11.
If you were donated a real estate and the donator dies it may occur that her successors may lawfully insert a claim against you.
In fact it does, but not to pick on the beneficiaries who were donated a real estate. The Hungarian Civil Code protects lawful successors (children, spouses, parents) even if such protection disadvantages the beneficiaries who were donated. It also prevents the testator to extract assets entirely from the inheritance which would belong to her successors. The regulation also deals with the situation when the testator donates her real estate to only one of her successors. This way the others will also get their fair share.
Reserved share means that a small proportion of the inheritance should go to the lawful successors even if the will of the testator is contrary to that (i.e. when the will says that only one successor of hers inherits all of her assets). Reserved share is regulated by paragraph 7:75. of the Hungarian Civil Code which says that “a reserved share belongs to the testator’s child, spouse and parent if she is a lawful successor of the testator at the time of succession or she would be one without an existing will.” There are only a few exceptions to this rule.
According to paragraph 7:81. of the Hungarian Civil Code reserved share should also include donations (real estate for example) which was donated to anyone by the testator in her lifetime within 10 years back dated from her death. It means that reserved share is so strong as a legal instrument in inheritance law that in order to protect lawful successors the Civil Code expands this protection to the beneficiaries of donations who were donated within 10 years back dated from the testator’s death. The logic of the law is if the real estate wouldn’t have been donated there would be an inheritance which would belong to the successors.
Let’s take an example: an old man has a real estate which he donates to his aunt since they are very close. The real estate was donated 3 years before the death of the old man. The old man also has 3 children who are lawful successors of his. The old man has no other assets. Point a) of section (1) of paragraph 7:84. of the Hungarian Civil Code states that in order to fulfill reserved share claims the successors who get a share of the inheritance should pay first and foremost. Since the old man has no other assets his only real estate would be inherited by his 3 children but he already donated it to his aunt 3 years prior to his death. Point b) of section (1) of paragraph 7:84. of the Hungarian Civil Code states that if the reserved share claims cannot be paid entirely from the inheritance, the unpaid part should be paid by the beneficiaries who were donated within 10 years back dated from the testator’s death without consideration to the order of the donations. Since the old man has no other assets and the aunt was the beneficiary of the the real estate donation within 10 years back dated from the old man’s death the 3 children can claim their reserved share from the aunty.
Therefore it may occur that not only the successors who receive a part from inheritance are responsible to pay for reserved share claims: all the beneficiaries who were donated within 10 years back dated from the testator’s death are also responsible to pay for reserved share claims if reserved shares cannot be paid partly or entirely from the inheritance.
There are only a few exceptions to the above rule.
Exceptions are the followings:
1. If the claim of the successor exceeds lawful time limitation. The limitation is 5 years.
2. If the testator disinherited the successor and also gave proper reasoning in her will.
3. If the donation took place at a time which is more than 10 years prior to the testator’s death.
4. If the reserved share claim can be paid from the inheritance or the donation which was donated in the lifetime of the testator to the successor who is entitled to claim reserved share.
As you can see from the above rules these exemptions are somewhat complicated and strictly regulated by inheritance law therefore I recommend you to think about the inheritance consequences at the time of donation which might arise later in the course of inheritance proceedings.
If you would prefer to know more about inheritance consequences of real estate donations for further information do not hesitate to contact me:
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