The transfer of the ownership rights of Hungarian real estate to offshore companies cannot prevent Hungarian inheritance law.
Real estate regulations in Hungary significantly reduce the ability of foreigners to avoid Hungary's heritage law. The decree on private international law stipulates that the law applicable in matters relating to proprietary rights shall be the law applicable in the place of that property. This means that Hungarian law does not apply foreign rules concerning any property located in Hungary. For example, the peculiar rules of the Hungarian Heritage Act cannot be avoided by transferring Hungarian property ownership rights on offshore companies (e.g. linear heritage and forced shares). used cars for sale
Nesting (legal heirs).
People following a person who dies intestate are referred to as "legal heirs;" in a hierarchical order:
The deceased's children,
The children's descendants,
The deceased's wife (only in the absence of children),
Their parents,
The parents' descendants (in the same manner in which the descendants of a child succeed in the case of disqualification of a child),
The deceased's grandparents,
The grandparents' descendants,
Farther ancestors and, finally, without relatives,
The State of Hungary.
Legal heirs have a very strict hierarchy: a person who is "less" in the order can only be seen as a legal heir if every person is disqualified from being in the higher hierarchy. At each level, the estate is equally divided between the right holders.
The rules of intestacy are considered as subsidiary: they only apply if there is no will made by the testator or the will does not include provisions on the disposal of the entire property.
Linear heritage. Linear.
This is a special heritage form that originally replaces feudal restrictions on the principle of inheritance freedom.
Linear legacy ensures that any property that belongs to the deceased's family is returned to his/her family and not to another person, especially the deceased's spouse. Assets under linear heritage rules are an independent subcategory of the estate.
The criteria for a linear heritage are as follows:
The total absence or disqualification of offspring who could be considered as legal heirs (particularly children, grandchildren, and great-grandchildren)
property given to the deceased as a gift or inherited from a parent, sister, or offspring of a sibling (if inherited or gratuitously received by the sibling or a descendant from a common ancestor).
There are linear heirs. According to Civil Code provisions, the only individual who can be classified as linear heirs are the parents of the deceased or their descendants, in the absence of parents (e.g. brothers or sisters)
If no linear heirs are present, linear property is treated as the other property of the deceased.
Linear heritage provisions may not apply to linear property that did not exist at the time of the decedent death, or replaced linear property, or to property purchased for the value of linear property. Common value gifts are also exempt from such provisions. It shall not affect the substitution or compensation of the value of linear property, as there is no value at the time of the death of the deceased (e.g. property transferred, consumed or lost).
No claim for furnishings and/or household accessories against a surviving married spouse after a marriage of fifteen years may be filed on grounds of linear heritage.