How to Draft a Will

The most common cause of an invalid will is a formal error: 

• a missing signature, an incorrect number of witnesses, or unclear information about the heir or the date of creation.

• A vague or indefinite expression of intent (for example, "to leave the cottage to my grandson" without precise identification of the property) leads to disputes over interpretation and the potential invalidity of parts of the will.

• Failure to respect the rights of forced heirs (descendants) risks relative invalidity and the necessary payment of compulsory shares.

The safest path is therefore to have the will drawn up in the form of a notarial deed, which automatically eliminates formal risks.

Formal Requirements of a Will: Where Mistakes Are Most Often Made

Czech legislation (specifically Act No. 89/2012 Coll., the Civil Code, hereinafter the "CC") recognizes three basic forms of a will: a holographic (handwritten) will, an allographic (non-handwritten) will, and a will drawn up in the form of a notarial deed. Each form has its specific requirements, and their violation leads to absolute invalidity—a situation where the will is treated as if it never existed.

Holographic Will: When It Might Not Be Enough

A holographic will must be written entirely in the testator's own hand and signed by them (§ 1533 CC). A typical mistake is when someone prints a will from a computer and only signs it by hand. A will prepared in this way is absolutely invalid.

The reason is that the law requires the entire text to be handwritten—a signature on a printed document is not enough.

The second common mistake is the absence of a date. Although this alone does not cause the will to be absolutely invalid if the date can be proven by other means (§ 1535(1) CC), its omission or incorrect statement poses a significant risk. If the testator left multiple wills that contradict each other and it is not clear which one was written later, all of them may be deemed invalid, or serious interpretation disputes may arise. A later will revokes an earlier one, but only if it is clear which one is more recent. Without a date, legal uncertainty or even a loss of rights can occur. Therefore, the date should always be included and be accurate.

Allographic Will and the Role of Witnesses: The Most Common Procedural Errors

If a will is not written in the testator's own hand (for example, on a computer, typewriter, or by another person), it is an allographic will (§ 1534 CC). Here, the requirements are stricter: the testator must sign the will in their own hand and do so before two witnesses who are present at the same time. The key word is simultaneously. The witnesses must not be present "one after the other"—it must be apparent to both that the testator is expressing their last will.

A typical mistake: The testator draws up an allographic will and signs it but forgets to declare before the witnesses that the document contains their last will. A mere signature without this declaration is not sufficient. The law explicitly requires the testator to declare aloud before the witnesses that the document contains their last will (§ 1534(2) CC). The unjustified omission of this formality leads to absolute invalidity.

Another common problem is the choice of witnesses (§ 1536 CC). A witness cannot be a person who is an heir in the will, nor a person close to them. A close person is defined in § 22 of the CC and includes, for example, a spouse, partner, relative in the direct line, sibling, or a person in a similar relationship (e.g., a cohabiting partner).

Likewise, an heir's employee cannot be a witness. The reason is precisely to prevent a conflict of interest—the witness must not benefit in any way from the content of the will.

Exclusions stipulated by law:

• Anyone who does not have full legal capacity.

• Anyone who is blind, deaf, or mute.

• Anyone who is an heir or legatee (a beneficiary of a legacy, see § 1594 CC).

• Anyone who is a person close to an heir or legatee.

• Anyone who is an employee of an heir or legatee, or an employee of a person close to an heir or legatee.

Therefore, if a future heiress or her husband were to act as a witness, the will would not meet the legal form and would be invalid.

Date and Identification of the Testator: Details That Are Often Overlooked

A will should always clearly identify who is making it (identification of the testator by name and surname, personal identification number or date of birth, and address). While this may seem obvious, in practice, we encounter partially legible names or inaccurate information. If there is any ambiguity about who the actual creator of the will is, the will may become invalid or at least difficult to enforce.

Unclear Identification of Heirs and Property: A Source of Future Disputes

A will must contain a clear and definite expression of the testator's intent. This means that the intent must be expressed with certainty—a mere nod or vague wording is not enough. A great number of mistakes are made here, which then lead to interpretation disputes and sometimes partial invalidity during probate proceedings.

Problem: Vague Designation of an Heir

A testator has two sons, for example, Jan and David. In the will, he writes: "I bequeath my apartment to my son." What is the result? Uncertainty as to which heir has the claim.

Similarly problematic is the wording: "My children shall inherit equally"—but if the deceased left both children and grandchildren, and some of the original children have already died, the question arises of how to correctly interpret the grandchildren's shares in relation to the living children under the rules of statutory succession, unless explicitly stated otherwise.

Correctly, each heir should be unambiguously identified by their first name, last name, and preferably also their date of birth and address. An example of good practice: "To my son, Jan Nováček, born 1 January 1980, residing at Karlínská 123, Prague, I bequeath apartment no. 45 in Prague." This eliminates doubt and simultaneously reduces the scope for legal disputes.

Problem: Indefinite Description of Property

It is equally dangerous when a testator writes: "I bequeath the cottage in the mountains to my niece" or "I leave the model car to my grandchild." Where exactly is that cottage? Which bed? If there are multiple cottages or multiple model cars in the estate, ambiguity arises.

The correct approach: Provide a precise identification of real estate (address, parcel number, descriptive/registration number, cadastral area, title deed number), and for movable property, a specific designation (vehicle identification number, license plate, specific description, production or serial number for paintings, jewelry, etc.). The more precise the description, the lower the risk of dispute and partial invalidity.

The Problem with Forced Heirs: When the Law Limits Your Decisions

Under Czech legislation, there is the concept of forced heirs (§ 1642 CC)—these are primarily your descendants (children, and if they do not inherit, then their descendants). These heirs have a statutory right to a compulsory share of the estate, of which they cannot be deprived even by a will, unless they have been validly disinherited.

What is the amount of the compulsory share?

• A minor descendant: at least three-quarters of their statutory inheritance share.

• An adult descendant: at least one-quarter of their statutory inheritance share.

This means that if you want to bequeath your property only to your spouse and omit your descendants, the descendants can claim their compulsory share. If the will completely denies this right (e.g., "I do not call my children to inherit at all"), this results in the relative invalidity of the will within the meaning of § 1546 CC—under certain conditions, it becomes only partially enforceable (to the extent of the compulsory share).

Grounds for Disinheritance: Exceptions to the Rule

However, there are exceptions. A testator can disinherit a descendant if statutory grounds are met:

• The descendant failed to provide the testator with necessary assistance in times of need, although they had a duty to do so and were able to.

• The descendant permanently fails to show genuine interest in the testator, which they should show as a descendant.

• The descendant was convicted of an intentional criminal offense committed under circumstances indicating their depraved nature.

• The descendant leads a permanently dissolute life.

• The descendant is so indebted or behaves so prodigally that there is a serious danger that the compulsory share that would fall to their descendants (i.e., the testator's grandchildren) would not be preserved.

However, the disinheritance must be explicit and substantive in the will (in the deed of disinheritance). A vague or general explanation ("I don't want them to inherit because...") may not be legally sufficient.

This is where the Prague-based lawyers at ARROWS law firm can be of immense help—they will expertly help you formulate the disinheritance in a way that will stand up in court without dispute. A deed of disinheritance is subject to the same formal requirements as a will.

Other Common Mistakes: From Duplicate Wills to Digital Data

Multiple Wills and Their Conflicts

If you have multiple wills drawn up at different times, it is important to correctly formulate their relationship to one another. A newer will generally revokes an older one, but only to the extent that they contradict each other (§ 1575(1) CC). For example, if an old will said "the house goes to the son" and a new one says "the car goes to the daughter," both bequests remain valid (provided they are not repetitive and do not conflict).

A mistake we often see: A testator draws up a new will but forgets to explicitly state in it that it revokes all previous dispositions. The result is ambiguity—lawyers and the court must then decide which part of which will remains in effect.
Best practice: Insert a sentence into the new will: "I hereby revoke all my previous wills and other dispositions for the event of my death." (§ 1575(2) CC).

Digital Assets and Unknown Accounts

A modern estate often includes digital assets: cryptocurrencies, online accounts, domains, photos in cloud storage, etc. If it is not known how to access these assets (passwords, access credentials are missing), the heirs may lose them.

We recommend that every testator keep a list of all their digital accounts, passwords, and instructions on where this list is stored and how heirs can access it. While the will itself can bequeath digital assets, without access information, their transfer can be difficult or impossible.

Cross-outs and Corrections in the Will

If you want to change your will, don't do it like you would in a school notebook. Indefinite overwriting, crossing out, and adding weakens confidence in the origin and authenticity of the will. In a dispute, it is difficult for the court to verify whether a correction was made originally or subsequently.

The correct procedure: Draw up a new will. It is safer and in accordance with the law. Any change or addition to a will must meet the same formal requirements as the original disposition (§ 1577 CC).

Other Common Mistakes: From Duplicate Wills to Digital Data

Notarial Will: The Path to Security and Certainty

One of the easiest ways to avoid formal errors is to have a will drawn up in the form of a notarial deed (§ 1532(1)(c) CC). A notary, as a qualified legal professional and public official, will ensure all requirements are met—from correct identification to formal correctness.

A will drawn up in this way is then automatically registered in the Central Register of the Notary Chamber of the Czech Republic (ENS), which ensures that it will always be found after your death.

Advantages of a notarial will:

• All formal requirements are automatically met, and the risk of invalidity due to formal defects is eliminated.

• The law considers it a public document with increased evidentiary value.

• When challenging its authenticity or validity, a notarial deed has great evidentiary weight—the burden of proof of invalidity lies with the person challenging the will.

• It is stored in a central register (ENS), so it is certain to be found after your death and cannot be lost or forged.

• The notary provides expert legal advice in formulating your intent and ensures its clarity and unambiguity.

Disadvantage: The service requires payment of a notarial fee. For a simple notarial deed of a will, this is usually in the order of a few thousand crowns (depending on the complexity and the notary tariff). However, compared to the potential costs of resolving disputes over the invalidity or interpretation of a vague will, this is a completely acceptable price for legal certainty.

When dealing with inheritance, it is often advisable to coordinate the legal process with a notary. ARROWS therefore cooperates with trusted notaries, including, for example, notary Mgr. Silvie Dohnalová and Mgr. Tomáš Ostrožlík, as well as several other notary offices. Depending on the client's location or where they need notarial services, they can choose a suitable notary from our list of cooperating offices in individual regions. For more complex inheritance cases or important client meetings, the personal attendance of a notary can also be arranged directly at a meeting in the ARROWS law firm, so that the legal and notarial parts can be handled in a coordinated manner.

Final Summary

Drafting a will seems like a simple matter—and in principle, it is. But it is precisely this "simplicity" that leads people to draft it incorrectly or without sufficient attention to detail. The result is often invalid wills, legal disputes between heirs, lengthy proceedings, and frequently, the loss of property.

The most common mistakes are surprisingly easy to fix if you know what to look for: a vaguely identified heir, an unclear description of property, a missing witness, the wrong number of witnesses, an omitted date, or a failure to reflect the rights of forced heirs. All these problems can be prevented with the right approach and a small amount of legal care.

If you do not want to risk your last will becoming invalid or the subject of a lengthy court proceeding, you can entrust the matter to experts.

The Prague-based lawyers at ARROWS law firm specialize in inheritance law and will help you draft a will that is legally sound, respects your wishes, and is understandable to your heirs. Whether you just want to have your will checked or you want to have it drafted from scratch in the form of a notarial deed (in which case we can accompany you to the notary), our team is at your disposal.

Contact us at consultation@arws.cz and talk to our lawyers about the best way to proceed. A consultation will help you avoid unnecessary complications.