Best Will & Testament Lawyers in Marijampolė

About Will & Testament Law in Marijampolė, Republic of Lithuania

In the Republic of Lithuania, including Marijampolė, wills and inheritance are governed primarily by the Civil Code and administered in practice by notaries. A will allows you to decide who receives your assets, appoint trusted persons to administer your estate, and set clear instructions for matters that would otherwise follow the default rules of intestate succession. Most routine succession matters are handled by notaries rather than courts, which makes the process more streamlined if the will is valid and uncontested. Lithuania also has forced heirship protections for certain close family members, time limits for heirs to accept or renounce an inheritance, and specific formalities for valid wills. Because Lithuania is an EU member, cross-border estates may also be affected by the EU Succession Regulation, especially where the deceased had ties to more than one country.

Why You May Need a Lawyer

Many people in Marijampolė seek a lawyer for will and inheritance matters to avoid mistakes that can invalidate a will or lead to conflicts among heirs. Common situations include planning to provide for a partner or blended family, wanting to protect a vulnerable beneficiary, coordinating assets in multiple countries, navigating forced heirship rules, and managing family businesses or real estate. Legal assistance is helpful when drafting a first will, changing or revoking an old will, structuring gifts and legacies that include conditions, appointing an executor or guardian for minors, or clarifying how marital property is divided before inheritance is calculated. After a death, legal help may be needed to meet deadlines for accepting or renouncing an inheritance, limit liability for debts through acceptance with inventory, resolve disputes or challenges to a will, and obtain certificates from a notary. A lawyer can also align the estate plan with tax, family, and property rules to reduce risk and confusion.

Local Laws Overview

Forms of wills. Lithuanian law recognizes notarial wills and private handwritten wills, and also provides special emergency forms in limited circumstances. Notarial wills are prepared and certified by a notary. Private handwritten wills must meet strict formalities, typically being written in the testator’s own hand, dated, and signed. A mistake in form can render a will invalid. Some testators opt to deposit a sealed will with a notary. Notaries register wills in a central registry so that, upon death, a notary can verify whether a will exists.

Capacity and intent. A person making a will must generally be at least 18 years old and have legal capacity, understanding the nature of their property and the consequences of their dispositions. Undue influence, fraud, or lack of capacity can be grounds to contest a will.

Forced heirship. Lithuanian law protects certain close relatives with a compulsory share, even if a will provides otherwise. Typically, minor or disabled children, the surviving spouse, and dependent parents have a right to a portion of the estate, often calculated as a fraction of what they would receive under intestate rules. A will that infringes on these compulsory rights may be reduced by a notary or court to satisfy the protected share.

Intestate succession. If no valid will exists, the Civil Code determines heirs by order of priority. Generally, children and the surviving spouse inherit first, followed by parents and the spouse, then more distant relatives. The spouse’s share is calculated after separating the spouse’s portion of marital property from the estate.

Marital property. Before inheritance is distributed, the surviving spouse’s share of joint marital property is separated from the estate. Only the deceased’s share passes under the will or by intestacy. Marital property agreements can affect this calculation.

Executors and administration. A testator may appoint an executor in the will to oversee estate administration. In practice, a notary in the area of the deceased’s last declared place of residence opens the succession, verifies the will, informs known heirs, and issues certificates of inheritance once requirements are met. Courts get involved mainly for disputes, missed deadlines, or complex legal issues.

Acceptance and renunciation. Heirs typically have a short, statutory period to accept or renounce the inheritance, commonly counted from the date of death or when they learn about the inheritance. Acceptance can sometimes be made with inventory to limit liability for estate debts to the value of inherited property. If the deadline is missed, the court may restore the term in justified cases.

Cross-border estates. The EU Succession Regulation generally applies to deaths after 17 August 2015 and often uses the deceased’s habitual residence to determine the applicable law, with an option for the testator to choose the law of their nationality. Lithuanian notaries can issue the European Certificate of Succession to help heirs prove their status in other EU countries.

Language and formalities. Notarial procedures are conducted in Lithuanian. If the testator does not speak Lithuanian, certified interpretation and translations are needed. Foreign wills may be recognized if they comply with applicable conflict of laws rules and Lithuanian public policy.

Tax considerations. Lithuania does not apply a separate inheritance tax in the way some countries do, but tax implications can arise from later sales of inherited assets or gifts between non close relatives. Tailored tax advice is recommended for significant estates or cross-border assets.

Frequently Asked Questions

Who can make a will in Marijampolė, and what are the basic requirements

Any adult with legal capacity can make a will. You must understand what you own, who your family members are, and the effects of your decisions. A will must follow the formalities set by Lithuanian law. Notarial wills are certified by a notary, while private handwritten wills must be personally handwritten, signed, and dated. To avoid invalidation, many people choose a notarial will.

Do I need my will to be notarized

Not necessarily. Lithuanian law permits private handwritten wills, but strict formalities apply and errors are common. A notarial will offers greater certainty because the notary verifies identity, capacity, and form, and registers the will in the central system. Many people prefer the notarial route for reliability.

Can I disinherit my spouse or children

You can reduce or exclude gifts to many relatives, but Lithuanian forced heirship rules protect certain close family members, such as minor or disabled children, the surviving spouse, and dependent parents. They may receive a compulsory share even if your will says otherwise. A lawyer can help structure your plan within these limits.

How do I change or revoke my will

You can make a new will at any time. A later will usually revokes earlier wills to the extent they conflict. You can also expressly revoke a will with a notarial act. If you made a private handwritten will, physically destroying it may not be sufficient if copies or evidence remain, so a formal revocation is safer.

What happens if I die without a will

Intestate succession rules apply. Generally, children and the surviving spouse inherit first. If there are no descendants, parents and the spouse may inherit. More distant relatives inherit only if closer heirs do not exist or do not accept. The notary will identify heirs and issue certificates according to the Civil Code.

How long do heirs have to accept or renounce an inheritance

There is a short statutory period after death for heirs to act. If an heir does nothing and the deadline passes, rights may be affected. In justified cases, the court can restore a missed term. Heirs can accept with inventory to limit liability for debts, or renounce entirely. Speak to a notary or lawyer promptly to protect your rights.

What is the role of a notary in Marijampolė

A notary opens the succession based on the deceased’s last declared residence, verifies the will and registry entries, informs known heirs, receives statements of acceptance or renunciation, and issues certificates of inheritance. The notary also records and safeguards wills. Courts are involved if there is a dispute or a need to resolve legal issues.

Can foreigners make a Lithuanian will, or leave Lithuanian assets to foreign heirs

Yes. Foreigners can make wills for Lithuanian assets, and Lithuanian law allows inheritance by foreign citizens. Cross-border estates can invoke the EU Succession Regulation, and a person with more than one nationality or residence may be able to choose which law applies. Professional advice helps align documents in different countries.

Are joint or mutual wills by spouses allowed

Joint or mutual wills are not typical in Lithuania and may not be valid. Each spouse should usually make a separate will. A lawyer can coordinate both wills to achieve consistent outcomes while respecting compulsory shares and marital property rules.

How are debts and obligations handled

Estate debts are paid from the estate before distribution to heirs. If an heir accepts the inheritance with inventory, liability for debts is generally limited to the value of the estate they inherit. Creditors can file claims during the notarial process. Proper inventories and timely notices help manage risk.

Additional Resources

Lithuanian Chamber of Notaries. Professional body overseeing notarial practice and information on will certification and succession procedures.

Notaries in Marijampolė. Local notarial offices handle will drafting, registration, and succession cases for residents of the area.

State Enterprise Centre of Registers. Maintains central registers, including the wills register consulted by notaries after death.

State Guaranteed Legal Aid Service. Provides primary and secondary legal aid to eligible individuals who cannot afford a lawyer.

Ministry of Justice of the Republic of Lithuania. Oversees legal policy affecting notaries, civil law, and inheritance regulations.

Marijampolė District Court. Handles inheritance disputes, restoration of missed acceptance terms, challenges to wills, and guardianship issues.

Civil Registry Offices. Issue death certificates and related documents needed to open a succession case with a notary.

European Certificate of Succession information through national notaries. Assists heirs with recognition of their status across EU member states for cross-border estates.

Next Steps

Clarify your goals. Decide who should inherit, who should manage your estate, and any special protections needed for minors, dependants, or vulnerable beneficiaries.

List assets and documents. Prepare an inventory of real estate, bank accounts, business interests, vehicles, valuables, insurance policies, pensions, and digital accounts. Keep identity and civil status documents, marriage or divorce records, and existing wills on hand.

Consult a professional. Speak with a notary or a lawyer experienced in Lithuanian inheritance law. For complex or international estates, ask about the EU Succession Regulation, choice of law options, and tax considerations.

Choose the will form. For reliability, many people opt for a notarial will. If you prefer a private handwritten will, be meticulous about formalities and consider depositing it with a notary for safekeeping and registration.

Address marital property and compulsory shares. Confirm how marital property will be separated and ensure your plan respects compulsory share rights to reduce the risk of future reductions or disputes.

Appoint key people. Consider naming an executor to administer your estate and a guardian or property manager for minor children. Discuss your choices with them beforehand.

Keep your plan current. Review your will after major life events such as marriage, divorce, birth of a child, acquisition or sale of significant assets, or a change of residence or nationality. Update documents promptly.

Inform your family. Let trusted persons know that a will exists and which notary or location holds it. Keep certified copies of essential documents and instructions where they can be found when needed.

Act quickly after a death. Heirs should contact a notary in Marijampolė or the relevant area, obtain the death certificate, and observe the statutory deadline to accept or renounce the inheritance. Seek legal help immediately if there is any doubt or a potential dispute.