Writing a will 2026 – Complete step-by-step guide
Will Writing – Complete Guide | How to Make a Valid Will?
Have you ever thought about what happens to your assets if you suddenly pass away? Most people put off this decision. Yet a well-written will not only protects your family from unnecessary uncertainty but also gives you peace of mind.
In this guide, we will walk through every important step of will writing: from the types to the costs and common mistakes.
What is a will and why is it important?
A will is a unilateral legal declaration in which the testator determines what should happen to their assets after death. If no will is made, the rules of statutory inheritance apply – and this may not align with your wishes.
Without a will:
- The law divides the assets according to family relationships
- The spouse does not necessarily receive everything
- The partner is generally excluded from inheritance
- The probate process may be prolonged
- Additional costs and administrative burden for the family
With a will:
- You decide who inherits what
- You can designate who will be the testamentary heir
- You can provide for your partner
- You can disinherit heirs (if justified)
- You can shorten the probate process
In a word: the will is your final say on your family's future.
Types of wills – which one to choose?
Hungarian law recognizes three forms of wills. Each may be the best choice in different situations.
Will made in a notarial deed
The safest form. You declare your wishes orally or in writing before a notary, who then records them in a public deed.
Advantages:
- Practically incontestable
- The notary arranges for storage in the Notarial Deed Registry
- Deposit with the notary is automatic
- No witnesses required
Disadvantage: Higher cost (see prices below)
Recommended for: Those with complex or high-value assets, or those seeking complete security.
Holographic will (handwritten will)
The simplest form – as the name suggests: it must be written entirely by hand.
Conditions according to the Civil Code:
- Must be written entirely by hand (typed or printed versions are not valid)
- Must include the date (date)
- Must be signed by you
- You must be of legal age and capacity
Advantage: Inexpensive (just paper and pen)
Disadvantage: It is easy to make a mistake, and a formal error can render it invalid.
Recommended for: for someone whose financial situation is simple and who is confident in their legal knowledge.
Will written before witnesses (formal will)
A person who cannot or does not wish to write by hand (for example, due to illness) may sign a typewritten will before two witnesses.
Important rules:
- Two witnesses must be present at the same time
- The testator signs the document before the witnesses (or acknowledges their own signature)
- The witnesses confirm the testator's identity with their signatures
Recommended for: who cannot write by hand and wishes to avoid notary fees.
7 rules for a valid will
Age of majority and legal capacity
Only a person who has reached the age of 18 and has legal capacity can make a valid will. The will of a minor or a person under guardianship restricting legal capacity is invalid.
Personal procedure
The will can only be made in person. It is not possible to make a will through an authorized representative, and no one can act on your behalf.
Exclusion of witnesses
The person acting as a witness and their relatives cannot be heirs. If the witness is the heir, the will is invalid. When choosing witnesses, make sure they have no interest in the inheritance.
Importance of dating
The will must include the date (year, month, day). In the case of multiple wills, the date determines which one is valid – the later one invalidates the earlier one.
Signature on every page
Although the Civil Code only requires a signature at the end of the will, for safety's sake it is worth signing every page. Especially for a holographic will, it is important that every page clearly belongs to the document.
Compulsory share
The law guarantees a compulsory share to certain relatives (descendants, spouse, parents) – meaning they receive half of their legal inheritance even if the will provides otherwise. This cannot be circumvented by disinheritance (except under the strict statutory conditions applicable to it).
Subsequent amendments
You may amend or revoke the will at any time. A new will automatically invalidates the previous one if it contains different provisions. You can also expressly revoke it – we will write about this in detail later.
Who can make a will? Lawyer vs. notary vs. handwritten
Lawyer
What do they do? They help draft the content of the will, check compliance with legal rules, and record your wishes in a private document.
When should you choose one?
- If your financial situation is complex
- If there are multiple heirs and bequests
- If you are unsure about legal terms
- If you would like to but do not want to go to a notary
Notary
What do they do? They record the will in a public document, which provides the highest level of legal security.
When should you choose one?
- If complete security is the goal
- If the inheritance includes high-value real estate or a business
- If you want to avoid later legal disputes
Handwritten (holographic will)
When should you choose one?
- If your situation is simple (one apartment, one heir)
- If you do not have the opportunity to see a lawyer or notary
- If you want to make a will quickly (for example, before traveling)
- If you know the legal requirements well
| Aspect | Handwritten | By a lawyer | By a notary public |
| Cost | Free | 15-50 thousand HUF | 30-80 thousand HUF |
| Legal security | Low | Medium | High |
| Time requirement | 30 minutes | 1-3 days | 1-2 days |
| Storage | With you / deposit | Attorney deposit | Notary deposit |
| Contestability | Easier | More difficult | Very difficult |
Will fees and costs 2026
The price of a will largely depends on the chosen form and the complexity of the estate.
Holographic will (handwritten)
Cost: 0 HUF (only the cost of paper and pen)
Hidden cost: possible travel expenses if witnesses are used
Will prepared by an attorney
Prices in 2026 (estimated):
- Simple will: 15-30 thousand HUF + VAT
- Complex will (multiple heirs, real estate): 30-50 thousand HUF + VAT
- Amendment of will: 10-20 thousand HUF + VAT
Will drawn up in a notarial deed
Prices in 2026 (estimated):
- Base fee: 25-35 thousand HUF
- Value-based fee: 0.5-1% of the estate value
- Total cost on average: 30-80 thousand HUF
- Deposit with notary: 5-10 thousand HUF
Tip: A notarial will is more expensive but provides the greatest security. If the estate is significant, the investment pays off handsomely by avoiding later legal disputes.
Amendment and revocation of a will
Your will is not set in stone – you can amend or revoke it at any time while you are alive and legally competent.
Amendment
There are three ways:
- New will – the new one automatically invalidates the old one if it contains different provisions
- Supplementary will (codicil) – you can supplement or amend individual clauses, the rest of the old will remains in effect
- Replacement of beneficiary – if the heir dies before you, it is advisable to designate a substitute heir
Revocation
Express revocation: You can revoke your will with a declaration (in writing or before a notary).
Implied revocation: If you give away, sell, or destroy an asset named in the will, the relevant part of the will automatically loses effect.
Important: If you write a new will, it is advisable to destroy the old one to avoid uncertainty during the probate proceedings.
Common mistakes when writing a will
Formal errors
The most common reason a will is invalidated. Examples include:
- The will was not written by hand (in the case of a holographic will)
- Missing date
- Missing signature
- The witness does not meet the legal requirements
Ignoring the compulsory share (kötelesrész)
Many people think they can freely dispose of their assets. However, close relatives are entitled to a compulsory share by law. If you do not take this into account, the will can be challenged during the probate proceedings.
Leaving out a domestic partner
A domestic partner does not qualify as a legal heir. If they are not included in the will, they are excluded from inheritance. If you want to provide for them, you must explicitly include them in the will.
Contradictions between multiple wills
If you have multiple wills that contradict each other, the probate proceedings may be prolonged. The last valid will always counts – but if the dates are unclear, disputes may arise.
Unprofessional language
The will must be worded precisely and unambiguously. Vague expressions (e.g., "I hope my son will take care of my daughter") have no legal force. Every heir and estate item must be identified precisely.
Failure to store the will
If no one finds the will, it is as if it does not exist. The best option is to deposit it with a notary, or at least let a trusted person know of its existence and location.
Outdated will
Over the years, your circumstances may change: marriage, birth of a child, divorce, purchase of new property. If your will does not reflect your current situation, your family may face unpleasant surprises during the probate proceedings.
The relationship between inheritance and estate
A will is closely related to the inheritance process and the probate proceedings. It is worth being familiar with the most basic concepts.
Legal inheritance vs. testamentary inheritance
Legal inheritance: If there is no will, the Civil Code regulates the order of inheritance. The circle of heirs and their shares are determined based on family relationships.
Testamentary inheritance: In the will, you determine the heirs and their shares. The will takes precedence over legal inheritance, but it cannot override the compulsory share.
Steps of the probate proceedings
- Reporting the death – the heirs or the funeral service provider notify the notary
- Estate inventory – the notary assesses the deceased's assets and debts
- Probate hearing – the notary presents the will (if any) and determines the heirs
- Certificate of inheritance – the notary issues a decision stating who inherits what
Legacy and charge (hagyomány és meghagyás)
- Legacy: A specific item or amount that the heir must give to a third party (e.g., "my son inherits the house, but he must pay 5 million forints to my daughter")
- Charge: An obligation imposed on the heir that they must fulfill (e.g., "take care of the maintenance of the family grave site")
Substitute heir and successive heir
- Substitute heir: If the primary heir cannot or does not want to inherit (e.g., they die before you), the substitute heir takes their place
- Subsequent heir: After a specified period of time or upon the occurrence of a condition, the inheritance passes to the subsequent heir
Related reading
If you would like to deepen your knowledge on the topic, read these articles as well:
- Funeral allowance 2026 – What state subsidies are available in the event of a funeral?
- Funeral costs 2026 – How much does a funeral cost, and what should you expect?
- Steps of the probate procedure – How does the probate procedure proceed, and what can you expect?
Frequently asked questions (FAQ)
When is it worth writing a will?
The sooner, the better. You don't have to be old or sick – you can do it at any time, regardless of your age or health condition.
How much does a will cost in 2026?
Costs can range from 0 HUF (handwritten) to 80,000 HUF (a complex will notarized in a public deed). You can find detailed prices further up in the article.
Is a handwritten will valid?
Yes, provided that you write it entirely by hand, date and sign it, and you are of legal age and have legal capacity.
Can I exclude someone from inheritance?
Yes, but certain relatives (children, spouse) are entitled to a compulsory share, so disinheritance is only possible if the conditions defined by law (e.g., a serious crime) are met.
What to do if there is no will?
In such cases, the rules of statutory inheritance come into effect: the spouse and children inherit in the proportions defined by the Civil Code. The probate procedure still takes place, but the division of assets may be longer and more contentious.
Last updated: July 19, 2026.
This article is for informational purposes only and does not constitute legal advice. In the case of complex financial situations, it is advisable to consult a lawyer or a notary.