Wills and Inheritance: A Guide to Making a Will and Inheritance Law

Making a will

A will is a document by which a person can determine the distribution of their assets after death. Without a will, assets are distributed according to the order of succession defined in the Inheritance Code. Making a will is particularly important in situations where the statutory order of succession does not match one's own wishes.

Formal requirements for a will

According to the Inheritance Code, a valid will must meet the following conditions:

1. Written form – an oral will is not valid (except in an emergency)
2. Testator's signature
3. Two impartial witnesses simultaneously present
4. Witnesses' signatures and notes of profession and place of residence
5. The testator is of legal age (at least 18 years old; a younger person who is or has been married may also make a will, and a 15-year-old may do so regarding property they manage themselves) and understands the significance of the act

Witnesses must be at least 15 years old and must not be the testator's spouse, a relative in the direct ascending or descending line or by marriage in that line, a sibling or sibling's spouse, an adoptive parent or adopted child. A witness also may not witness a provision made in favour of themselves, their spouse or such a close person (Inheritance Code 10:4).

Types of wills

• General will – ownership of assets transfers to the beneficiary
• Right-of-use will – the beneficiary receives the right to use and manage the assets, but ownership passes to another
• Legacy – a specific item or sum of money is directed to a named person

Order of succession in Finland

The Finnish Inheritance Code defines the order of succession in parentelic groups:

1st parentela – direct heirs

The primary heirs are the deceased's children. If a child has died, their children inherit their share.

2nd parentela – the deceased's parents and siblings

If there are no direct heirs, the next in line are the deceased's parents. The share of a deceased parent passes to the deceased's siblings.

3rd parentela – grandparents

If there are no heirs in the 1st or 2nd parentela, the inheritance passes to grandparents. Cousins do not inherit under Finnish law.

Spouse's position

A married spouse inherits if the deceased has no direct heirs. A cohabiting partner has no inheritance right without a will – which is why a will is particularly important for unmarried couples.

Forced share and its significance

The forced share protects direct heirs' right to inherit. A will cannot completely override the forced share right.

• Forced share = half of the statutory inheritance portion
• Example: two children, 200,000 euros in assets, each child's inheritance portion is 100,000 euros, forced share is 50,000 euros
• The forced share is not paid automatically – the heir must claim it within 6 months of being notified of the will
• The forced share claim is served on the beneficiary through a process server or otherwise verifiably – in practice in writing

If the forced share is not claimed within the deadline, the right to it is lost.

Contesting a will

A will can be disputed, i.e., contested, in the district court. The claim to contest must be filed within 6 months of the beneficiary serving the will on the heir through a process server or otherwise verifiably, together with a certified copy (Inheritance Code 14:4–5). Merely presenting the will at the estate inventory does not start the period unless it is verifiably served at the same time.

Grounds for contestation

• Formal defect – witnesses were missing or the formal requirements were not met
• Testator's lack of understanding – dementia, mental disorder
• Duress, undue influence or fraudulent inducement – the will was made under threats, through exploitation of the testator's dependent position or lack of understanding, or through deception
• Lack of capacity – the testator was underage without the right to make a will (Inheritance Code 9:1)

Contesting a will is a serious legal action, and its chances of success should be evaluated with a lawyer.

Will and estate inventory

A will is a key document in the estate inventory. It directly affects how assets are distributed.

• The will must be served on all heirs verifiably
• Heirs have 6 months to contest the will or claim the forced share
• The beneficiary's position is settled only once the contestation and forced-share periods have expired or the heirs have accepted the will
• A will may also affect the amount of inheritance tax

Read more about estate inventory documents and the estate administrator's duties.