Will
A will (testamentti) is a legal document by which a person may determine how their property is distributed after death. It is a key instrument in inheritance law that supplements or modifies the statutory order of succession. The significance of the will is highlighted during the estate inventory and estate administration.
Formal Requirements
The will must be in writing, and the testator must sign it in the presence of two simultaneously present disinterested witnesses. The witnesses sign the will with their notes. The disinterestedness of the witnesses means that neither the witness nor their close relatives may benefit from the will. The testator must be at least 18 years old and legally competent.
Types of Wills
The most common type is the general will (yleistestamentti), which covers all property or a specific fraction thereof. A specific bequest (legaatti) designates a particular item or sum of money for a specific person. A mutual will (keskinäinen testamentti) is made between spouses, where property passes first to the surviving spouse. The mutual will is particularly important for securing the position of the surviving spouse.
Will and Forced Share
Although the testator may freely dispose of their property by will, the forced share of forced heirs limits the full implementation of the will. The forced share is half of the statutory inheritance share and must be claimed within six months of notification of the will. Read more about inheritance distribution timelines in our article on estate inventory deadlines.
Frequently asked questions
How is a will made?
A will is drawn up in writing and signed in the presence of two simultaneously present disinterested witnesses. The witnesses must know that the document is a will, but they do not need to know its contents. The testator must be at least 18 years old and legally competent.
Can a will override a forced heir's statutory share?
No. Forced heirs (children and their descendants) are entitled to a forced share (lakiosa), which is half of the statutory inheritance share. The testator may freely dispose of the portion exceeding the forced share. However, the forced share must be separately claimed within six months of notification of the will.
Must a will be registered?
In Finland, a will does not need to be registered with any authority. However, it is advisable to store the will in a safe place and inform a trusted person of its existence. Many people keep their will in a bank safe deposit box or at a law firm.
Related terms
Persons who have the right to inherit the deceased's property by law or by will.
A forced heir's legally protected minimum share of the inheritance that cannot be overridden by a will.
A legal entity formed by the deceased's assets and liabilities at the time of death.
A statutory procedure to determine the assets and liabilities of the deceased's estate. Must be held within 3 months of death.
Read also
The estate inventory must be conducted within three months of the deceased's death. Learn about calculating the deadline, consequences, and requesting an extension.
Complete guide to making a legally valid will in Finland. Learn about formal requirements, types of wills, witnesses, and how Finnish inheritance law works.
Guide to the surviving spouse's legal rights in Finland: marital property rights, right of possession to the shared home, survivor's pension, inheritance rights and cohabiting partner's position.