The Biggest Private Law Change Since 1964
The legal system of the Slovak Republic is undergoing the most significant transformation since 1964 during 2025-2027. This recodification, focused on modernizing the Civil Code, fundamentally changes the dynamics between individual will autonomy and protection of inheritance claims.
For innovative financial products like HomeGrif, built on the "equity release" principle – purchasing property from seniors while retaining their lifetime occupancy rights – this new framework represents a key opportunity to stabilize contractual relationships.
What's Changing: Key Changes Overview
| Area | Previous Regulation | New Regulation 2026/27 |
|---|---|---|
| Inheritance Contract | Prohibited | Permitted (notarial deed) |
| Mandatory share (adult child) | 50% of legal share | 10% of legal share |
| Mandatory share (minor child) | 100% of legal share | 20% of legal share |
| Alienation prohibition | Contractual right | Real right (registered in land registry) |
Inheritance Contract: The Strongest Inheritance Title
The inheritance contract (pactum successorium) represents in the new legal framework the key to automatic property transfer after death without changing ownership during the owner's lifetime.
What is an inheritance contract?
It is a bilateral legal act by which the testator (senior) designates the other party (e.g., HomeGrif) as heir of a specific property, and this party accepts it.
Why is this revolutionary?
- Priority over will – if the senior writes a will after signing the contract, bequeathing the property to relatives, this will is ineffective regarding the contracted property
- Can be paid – HomeGrif becomes heir in exchange for already provided financial consideration (purchase price or lifetime rent)
- Notarial deed – guarantees the senior acts freely and with full awareness of consequences
- Central registration – notary registers it in the Notarial Central Register of Inheritance Contracts
Dramatic Reduction of Mandatory Share
The biggest barrier to "automatic" property transfer to a third party were historically children's claims (mandatory share). The new regulation dramatically reduces this risk:
| Heir Type | Previous Share | New Share 2026 |
|---|---|---|
| Minor child | 100% | 20% (1/5) |
| Adult child | 50% | 10% (1/10) |
Practical Example
If a senior owns a property worth €200,000 and has two adult children:
- Under old regulation: Each child is entitled to €50,000 (half of half)
- Under new regulation: Each child is entitled to only €10,000 (one-tenth of half)
HomeGrif thus faces a much lower risk of having to pay out heirs to retain the property.
Alienation Prohibition as Real Right
A key protection tool during the senior's lifetime is the prohibition of alienation and encumbrance, established as a real right and registered in the Land Registry (Part C - Encumbrances).
What does this mean in practice?
| Aspect | Impact on Asset Security |
|---|---|
| Effect against third parties | Third party cannot acquire property in good faith |
| Prevention of duplicate sale | Land registry won't allow registration of another purchase contract |
| Protection against further encumbrances | Senior cannot mortgage the property |
| Visibility on LV | Any interested party sees the restriction in Part C |
What This Means for Property Owners
The new legal framework from 2026 brings property owners unprecedented freedom in managing their assets:
- ✅ You can bindingly determine who will receive the property after your death
- ✅ Reduced risk of challenge by heirs
- ✅ Legal certainty for home equity release products
- ✅ Investment protection for buyer through real rights
Calculate Your Income
HomeGrif uses the new legal framework to create a safe and transparent product for seniors. Use our calculator:
👉 Launch rent calculator – calculation takes 30 seconds