Forced Share

The forced share (lakiosa) is a forced heir's legally protected minimum share of the inheritance, which is half of the statutory inheritance share. A will cannot override the forced share, but the heir must claim it separately.

The forced share (lakiosa) is a central concept in Finnish inheritance law that protects the minimum right of forced heirs to the inheritance. Even if the deceased made a will directing property to others, forced heirs may claim their forced share.

Amount of the Forced Share

The forced share is half of the forced heir's statutory inheritance share. The inheritance share is determined under the Code of Inheritance such that the deceased's children divide the inheritance in equal portions. If the deceased has two children and the estate is valued at 200,000 euros, each child's inheritance share is 100,000 euros and the forced share is 50,000 euros. Advance inheritances given during the deceased's lifetime and certain gifts are also considered when calculating the forced share.

Claiming the Forced Share

The forced share does not come automatically — the forced heir must claim it separately. The claim must be presented to the will beneficiary within six months of the will being communicated to the heir. The claim should be made in writing and verifiably. If the forced share claim is not made within the deadline, the right is permanently lost.

Forced Share and Estate Administration

The forced share significantly affects estate administration and inheritance distribution. A forced share claim can prevent the full implementation of the will and require recalculation of the estate. In the estate inventory, all assets and liabilities are recorded, and the forced share is calculated on this basis. The estate administrator ensures that forced share claims are taken into account in inheritance distribution. More information about managing inheritance matters can be found in our article on estate inventory deadlines.

Frequently asked questions

How is the forced share calculated?

The forced share is half of the forced heir's statutory inheritance share. If the deceased has, for example, two children and the estate is valued at 200,000 euros, each child's inheritance share is 100,000 euros and the forced share is 50,000 euros. Advance inheritances and certain gifts are also taken into account.

How is the forced share claimed?

The forced share must be claimed by notifying the will beneficiary within six months of the will being communicated to the heir. The claim must be made verifiably, for example in writing. If the claim is not made within the deadline, the right to the forced share is lost.

Does the forced share only apply to children?

The forced share applies to forced heirs, meaning the deceased's children and their descendants (grandchildren and so on). If a child has died before the deceased, their children inherit the forced share right. The spouse, siblings, and other relatives have no right to a forced share.

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Sources

  1. Perintökaari 40/1965, 7 luku – Finlex