Will and inheritance: what families need to know before it's too late

Maria was 82 years old when she suffered a stroke. Within days, her ability to make decisions had diminished significantly. Her children, Ana and Radu, suddenly realised that their mother had left no will, and that the conversations they had kept putting off about her wishes regarding inheritance had become impossible overnight. What should have been a time of care and closeness quickly turned into a legal race against the clock, full of unanswered questions.

For many Romanian families, discussing wills and inheritance remains a taboo subject. We perpetually postpone it, considering it impolite or prematurely morbid. Yet this avoidance can turn an already difficult time — the loss of a loved one — into a bureaucratic nightmare and, sometimes, a lasting family conflict.

When it comes to elderly parents or grandparents, estate planning is not merely a matter of assets. It is an act of care, a way for seniors to protect their family from additional stress and to ensure their wishes will be honoured. Let us look together at what every family needs to know about wills and inheritance, while there is still the opportunity to make informed decisions.

Contents

1. Why a will is crucial and when it should be drawn up
2. Types of will recognised in Romania
3. How inheritance works without a will
4. The role of the notary and opening the estate
5. Mistakes families commonly make
6. Practical advice for families
7. Frequently asked questions

Why a will is crucial and when it should be drawn up

A will is the legal document by which a person, known as the testator, disposes of their assets upon death. More than a mere legal formality, a will is the expression of a person's final wishes and a gift of clarity left to their family.

For elderly individuals, the timing of drawing up a will is critical. Under Romanian law, for a will to be valid, the testator must have full legal capacity at the time of signing. This means they must be lucid, understand the consequences of their actions, and not be under any influence or duress.

When drawing up a will becomes impossible

Once an elderly person is diagnosed with advanced dementia, later-stage Alzheimer's, or other conditions affecting their mental capacity, the legal ability to sign a will is compromised. A will signed under these circumstances can be contested and annulled in court, generating additional costs and conflicts.

This is why the discussion about a will should take place well before the senior develops serious cognitive difficulties — ideally, while your parent is still fully active and independent. It is a difficult subject, but approaching it with empathy and respect can transform an uncomfortable conversation into a moment of closeness and understanding.

Types of will recognised in Romania

Romanian law recognises three main forms of will, each with specific advantages and disadvantages for families caring for elderly relatives.

The holographic will

This is the simplest and most accessible type of will. It must be written entirely by hand by the testator, dated, and signed. It does not require the presence of a notary or witnesses, making it ideal for situations where the senior wishes complete privacy.

Advantages for families:

• No cost — it involves no notarial fees
• Maximum confidentiality until the estate is opened
• Can be amended at any time by the testator
• Flexible — it can be written at home, without the need to travel

The disadvantages include the risk of loss, damage, or challenges to its authenticity. Families should also be aware that a holographic will must be verified by a court after the testator's death, a process that can take several months.

The authenticated will

This type of will is executed before a notary public, in the presence of two witnesses. The testator declares their wishes, and the notary records them in an authenticated document. For elderly individuals who have difficulty writing or suffer from hand tremors, this type of will is ideal.

Practical benefits:

• Maximum security — it cannot be lost or destroyed, as it is held by the notary
• Does not require subsequent judicial verification
• The notary ensures legal compliance and verifies the testator's capacity
• Significantly reduces the likelihood of a challenge

Costs vary depending on the value of the estate, but for many families, the investment is worthwhile for the peace of mind it provides.

The mystic will

Less commonly used in practice, the mystic will combines confidentiality with notarial security. The testator hands the notary a sealed document, declaring it to be their will, in the presence of two witnesses. The contents remain secret until the estate is opened.

This is an option for seniors who wish for absolute discretion, but it involves more complex formalities and notarial costs.

How inheritance works without a will

When a person dies without leaving a will — a situation known as intestate succession or legal succession — the estate is divided according to the strict rules set out in the Civil Code. For families with dependent seniors, understanding these rules is essential.

The order of legal heirs

Romanian law establishes four classes of heirs, called to inherit in order:

1. Class I: descendants (children, grandchildren) and the surviving spouse — they inherit in equal shares, with the spouse receiving at least one quarter of the estate
2. Class II: parents and the surviving spouse (where there are no descendants) — the spouse receives at least one half
3. Class III: brothers and sisters (or their descendants) and grandparents
4. Class IV: collateral relatives up to the fourth degree (uncles, aunts, cousins)

Important to note: the reserved portion cannot be overridden by a will. Descendants and the surviving spouse are entitled to at least half of their legal share, regardless of the contents of the will.

Special situations within families

Many families discover unexpected complexities too late. For instance, if the elderly person was married more than once, former spouses do not inherit, but children from all marriages have equal rights. Or consider the situation where one child has cared for a parent for years — without a will, they receive nothing additional for their sacrifice, as the division is strictly legal and equal.

In these cases, the absence of a will can give rise to feelings of injustice and deep family conflicts.

The role of the notary and opening the estate

After the death of a loved one, the family must go through the legal steps of opening the estate. The notary public plays a central role in this process, and understanding the stages involved can help you navigate this difficult time more easily.

The concrete steps of the succession process

The process begins at the notary's office and follows a clear sequence:

1. Identifying the heirs — the notary requests identity documents, birth certificates, and marriage certificates to establish the status of each heir
2. Inventorying the assets — a complete list of the estate's assets and liabilities is drawn up (property, debts, bank accounts)
3. Accepting or renouncing the inheritance — each heir decides whether or not to accept the inheritance (important: debts are inherited too!)
4. Issuing the certificate of inheritance — the document officially confirming the status of each heir and the shares to which they are entitled
5. Partition of the estate — the actual division of assets among the heirs, where they choose not to remain in joint ownership

The overall duration varies considerably. A straightforward estate, with no real property and a single heir, can be finalised within a few weeks. However, when the estate includes properties, land, or businesses, and where there are multiple heirs who cannot reach an agreement, the process can take months or even years.

The costs of succession

Families must account for several categories of costs:

• Notarial fees for the certificate of inheritance (calculated based on the value of the assets)
• Inheritance tax (exempt for heirs in Class I and II)
• Land registry fees for the transfer of real property
• Potential legal costs, should any challenges arise

For an average-value estate in Romania, total costs typically fall between 2–5% of the estate's value.

Mistakes families commonly make

Based on the experience of professionals who work with families and seniors, certain errors recur with regularity, creating entirely avoidable problems.

Delaying discussions until it is too late

This is, without doubt, the most frequent and costly mistake. Families avoid the subject of a will for fear of upsetting or offending their elderly parent. Yet research shows that most seniors appreciate it when their children raise the topic with genuine respect and concern.

The result of delay? Many wills are signed in haste, when the senior already has early-stage cognitive difficulties, creating grounds for subsequent challenges.

Wrong assumptions about the senior's wishes

Many children believe they know what their parent wants, without ever having had an explicit conversation. The reality is often surprising: the parent may wish to leave part of their estate to a charitable organisation, or to favour the child who cared for them, or to include grandchildren directly in the will.

Without open communication, these wishes go unfulfilled or, worse still, produce unpleasant surprises after death.

Failing to update the will

A will drawn up 20 years ago may no longer reflect the current situation: it may name beneficiaries who have since died, overlook recently born grandchildren, or refer to assets that no longer exist. A will should be reviewed periodically, particularly after major life events (divorce, the birth of a grandchild, the acquisition of new assets).

Premature transfer of assets

Some families, with good intentions, transfer the senior's assets into the children's names while the senior is still alive, in order to "simplify" the succession. This practice can have serious consequences:

• The senior loses control over their own assets
• Problems arise if the relationship with the children deteriorates
• There may be unfavourable tax implications
• Transferred assets may be subject to enforcement proceedings for the children's debts

Overlooking debts and liabilities

Families often forget that an estate includes not only assets but also liabilities — debts, loans, and guarantees. Heirs who simply accept the inheritance (without the benefit of inventory) are liable for the deceased's debts even from their own personal assets.

Carefully checking the senior's financial situation and accepting the inheritance with the benefit of inventory can protect the family from unpleasant surprises.

Practical advice for families

Experience shows that families who plan proactively find the difficult period following the loss of a loved one far more manageable. Here are some concrete recommendations.

Initiate the conversation at the right moment

Do not wait for a medical crisis before discussing a will. Choose a calm moment, perhaps after a pleasant family gathering, and approach the subject carefully: "Mum, I know this isn't an easy topic, but we've been thinking it would be important for all of our peace of mind to understand what your wishes are for the future. Would you be willing to talk about it?"

Keep a clear record of important documents

Make sure you know where important documents are kept:

• The will (and let all potential heirs know its location)
• Property deeds
• Life insurance policies
• Bank statements
• Loan or guarantee agreements

A well-organised file can save weeks of searching and uncertainty after a death.

Consider specialist legal advice

For complex estates — involving multiple properties, businesses, or overseas accounts — investing in a consultation with a lawyer specialising in inheritance law can prevent costly mistakes. A professional can help you structure the will optimally, anticipate potential conflicts, and minimise the tax burden.

Have an open discussion amongst siblings

Many post-death conflicts stem from unspoken expectations between siblings. Where possible, discuss your parent's wishes together with them, so that everyone is on the same page. If the parent wishes to divide the estate unequally (for example, favouring the child who cared for them), it is essential that the other siblings understand and accept this during the parent's lifetime.

Prepare emotionally for the succession process

Even with the most carefully prepared will, the period following a death will involve bureaucracy, meetings at the notary's office, and difficult decisions. Anticipate that you will need time — perhaps a few days off work — and emotional support. Do not try to manage everything on your own; share the tasks with siblings or members of the extended family.

Frequently asked questions

Can a senior with mild dementia sign a valid will?

It depends on the degree to which their mental capacity is affected. A notary public or forensic doctor can assess the person's capacity at the time of signing. If there is any doubt, a specialist assessment is recommended to avoid subsequent challenges. In the case of an authenticated will, the notary is obliged to verify the testator's capacity.

What happens if we find multiple wills after a death?

When multiple wills exist, the most recently dated one takes precedence, provided it is legally valid. Earlier wills are automatically revoked in their entirety, except for any provisions that do not conflict with the new one. This is why it is important for a new will to explicitly state that it revokes all previous wills.

How long does the succession process typically take in Romania?

For a straightforward estate, with no real property and a single heir who accepts the inheritance, the process can take 2–4 weeks. When the estate includes real property, there are multiple heirs, or challenges arise, the duration can extend to 3–6 months or longer. Complex successions involving court proceedings can take several years.

Do we have to pay inheritance tax in Romania?

Heirs in Class I (children, grandchildren, spouse) and Class II (parents, grandparents) are exempt from inheritance tax. More distant relatives and persons with no family connection pay a tax of 1% on the value of real property and 3.5% on the value of other assets. Notarial and land registry fees are payable regardless of the degree of kinship.

Can a parent completely disinherit a child?

Not entirely. Romanian law protects descendants through the institution of the reserved portion — children are entitled to at least half of their legal share, regardless of the testator's wishes. A parent may reduce a child's share, but cannot eliminate it entirely, except in extreme cases of unworthiness to inherit (for example, serious physical aggression against the testator).

What should we do if our parent's holographic will cannot be found?

If you suspect your parent left a holographic will but cannot find it, you can check with notaries public (in case it was deposited with one for safekeeping) or with the Chamber of Notaries Public, which maintains a register. If the will is definitively lost, the succession will proceed according to the law, as though no will had ever existed. This is why it is advisable to inform at least one trusted person of the will's location.

Estate planning is not an easy subject, but it is an essential one for any family wishing to protect their relationships and honour the wishes of their loved ones. Speak openly, seek specialist advice when necessary, and do not put off until tomorrow what can be resolved today. A well-prepared will and an informed family can make an inevitably difficult period less traumatic and more in keeping with the wishes of the person you loved.

This article is intended for informational purposes only and does not replace specialist legal advice. For specific situations, please consult a solicitor or notary public.