Best Will & Testament Lawyers in Kaunas

About Will & Testament Law in Kaunas, Republic of Lithuania

In Kaunas and throughout the Republic of Lithuania, a Will (Testament) is a critical legal document that determines how a person’s property and assets will be distributed after their death. The process of creating, validating, and executing Wills is governed by the Lithuanian Civil Code, which sets specific requirements to ensure that the final wishes of the testator (the person making the Will) are respected and legally binding. Wills in Lithuania can include directions on asset division, care of minor children, appointment of executors, and other important matters relating to the estate. Understanding the local laws and procedures is essential to ensure your Will is enforceable and reflects your intentions.

Why You May Need a Lawyer

Many people consider consulting a lawyer when dealing with Wills and Testaments. Common situations where legal help is recommended include:

• Ensuring your Will meets all legal requirements and is valid under Lithuanian law
• Complex family circumstances, such as second marriages, stepchildren, or international assets
• Providing for minor or disabled children
• Addressing issues of inheritance tax and estate planning
• Resolving disputes among heirs or claims against the estate
• Revoking or amending an existing Will
• Ensuring proper execution and witnessing of the Will
• Dealing with cross-border inheritance, especially if you have property or heirs abroad

Obtaining legal advice helps avoid potential conflicts and ensures that your wishes are clearly expressed and legally protected.

Local Laws Overview

The Republic of Lithuania has detailed laws governing Wills and Testaments, primarily outlined in the Civil Code. Some important points relevant to Kaunas residents include:

• Any Lithuanian citizen or resident aged 18 or older who is of sound mind can make a Will
• Wills must be either notarial (executed before a notary) or written in the testator’s own handwriting (holographic Will) and signed
• A notarial Will is considered more secure and less likely to be contested
• The concept of compulsory heirs exists in Lithuania - certain heirs (such as children, spouse, and parents) are entitled by law to a minimum share of the estate, regardless of the Will’s provisions unless they have been legally disinherited
• Witnesses are generally required for notarial Wills in special circumstances, such as when the testator cannot sign
• It is possible to revoke or amend your Will at any time while you are alive and have legal capacity
• Upon death, the Will is executed through a formal probate process, often involving a notary
• Special rules apply for international aspects, such as when property or heirs are located in other countries

Frequently Asked Questions

What are the main types of Wills in Lithuania?

The two main types are a notarial Will (made with a notary’s assistance) and a holographic Will (written and signed entirely by the testator). Notarial Wills are preferred for their legal robustness.

Can I write my Will in my own language?

You may write your Will in a language you understand, but for formal registration and probate, a Lithuanian translation may be necessary.

Who can be a witness for my Will?

Witnesses must be legally competent adults, not beneficiaries or otherwise interested parties. For notarial Wills, a witness is required only in specific cases.

Are handwritten Wills valid in Lithuania?

Handwritten Wills are valid if entirely written, dated, and signed by the testator, but can be more easily challenged than notarial Wills.

Can I disinherit my children or spouse?

Lithuanian law protects the rights of compulsory heirs. It is only possible to disinherit them under limited circumstances, usually requiring strong legal grounds.

How do I update or revoke my Will?

You can update your Will by creating a new one or adding a codicil. Signing a new Will or making a written statement of revocation before a notary automatically revokes the previous Will.

What happens if I die without a Will?

If you die intestate (without a Will), your estate will be distributed according to Lithuanian succession law, prioritizing spouses, children, and other close relatives.

Is inheritance tax applied in Lithuania?

Inheritance tax may apply depending on your relationship to the deceased and the value of the assets. Close relatives such as children and spouses are generally exempt for most inheritances.

How is a Will probated in Kaunas?

After death, the Will is presented to a notary, who initiates the probate process. The notary reviews the Will, identifies heirs, and oversees the distribution of assets.

Can a foreign Will be enforced in Lithuania?

Foreign Wills may be recognized if they meet Lithuanian legal standards, but legal advice is necessary to ensure compliance and proper enforcement.

Additional Resources

If you need more information or official assistance regarding Wills and Testaments in Kaunas, consider these resources:

• Notary Offices in Kaunas - for Will registration, execution, and probate assistance
• Lithuanian Bar Association - to find qualified estate planning lawyers
• Registry of Wills - the national database for registering notarial Wills
• Kaunas District Court - for dispute resolution related to inheritance
• National Tax Inspectorate - for information on inheritance tax and obligations

Next Steps

If you are considering creating, updating, or contesting a Will, or if you have recently lost a loved one and need advice on inheritance proceedings, taking the right steps early is important. Here is what you can do:

• Gather relevant documents about your assets, family, and wishes
• List any questions or concerns you have about your estate or inheritance
• Contact a qualified lawyer or notary in Kaunas who specializes in Wills and inheritance law
• Discuss your situation in detail and ask about local legal requirements and options
• Prepare and sign your Will according to legal guidelines with professional assistance
• Store your Will securely and inform your loved ones or executor about its location

Seeking legal assistance early can make the process smoother and ensure your legacy is preserved according to your wishes and the law.