Making a Will in Finland

Why make a will in Finland

Without a will, a deceased person's assets in Finland are distributed according to the statutory order of succession defined in the Code of Inheritance (Perintökaari 40/1965). The law divides heirs into parentelic groups: first direct descendants, then parents and siblings, and finally grandparents. A surviving spouse inherits only if there are no direct heirs.

This statutory framework often does not match a person's actual wishes. Cohabiting partners have no inheritance rights at all without a will. Blended families, childless couples, and anyone who wants to leave assets to friends, charities, or specific family members all need a valid will to ensure their intentions are fulfilled.

Making a will is also a practical tool for tax planning. Through careful use of legacies, right-of-use clauses, and charitable bequests, a testator can significantly reduce the inheritance tax burden on their heirs.

Formal requirements for a valid will

Finnish law sets strict formal requirements for wills. A will that fails to meet these requirements can be contested and declared void. Under Chapter 10 of the Code of Inheritance, a valid will must satisfy the following conditions:

1. Written form -- the will must be a written document. Oral wills are only valid in emergency situations where it was impossible to make a written will, and even then they expire within three months once the emergency has passed.
2. Testator's signature -- the testator must personally sign the will.
3. Two impartial witnesses -- two witnesses must be simultaneously present when the testator signs or acknowledges their signature. The witnesses must know the document is a will.
4. Witness qualifications -- witnesses must be at least 15 years old and of sound mind. They must not be beneficiaries named in the will, nor close relatives of the testator or any beneficiary.
5. Witness attestation -- witnesses sign the will and note their profession and place of residence.
6. Legal capacity -- the testator must be at least 18 years old (or a married minor) and understand the significance of the act.

There is no requirement to register the will with any authority, nor is notarization needed. However, many people choose to deposit their will with a bank or lawyer for safekeeping.

Types of wills in Finnish law

Finnish inheritance law recognizes several types of testamentary dispositions, each with different legal consequences:

Universal will (yleistestamentti) transfers ownership of all or a specified share of the estate to the beneficiary. The recipient becomes a shareholder in the estate with full ownership rights.

Right-of-use will (käyttöoikeustestamentti) grants the beneficiary the right to use and manage assets, but ownership passes to another person, typically the testator's children. This is commonly used between spouses to protect the surviving spouse while preserving assets for the next generation. A key advantage is that assets subject to a right-of-use will are not included in the beneficiary's taxable estate.

Legacy (legaatti) directs a specific item, property, or sum of money to a named person. Unlike a universal will, a legacy does not make the recipient a shareholder in the estate.

Mutual will (keskinäinen testamentti) is made jointly by spouses, directing each spouse's assets to the other. It is technically two separate wills in one document. A mutual will may combine ownership transfer with right-of-use clauses to optimize the tax position.

Storing and updating your will

A will should be stored in a secure location where it can be found after the testator's death. Common options include a bank safe deposit box, storage with a lawyer, or a digital estate planning service. At least one trusted person should know where the will is kept.

A will can be revoked or amended at any time during the testator's lifetime. The most reliable way to revoke a will is to make a new one that explicitly states it supersedes all previous wills. Simply destroying the document also works, though it can lead to disputes if copies exist.

Wills should be reviewed and potentially updated after major life changes such as marriage, divorce, the birth of children, significant changes in assets, or changes in tax law. An outdated will can create more problems than no will at all.

Forced heirship and limitations

A testator's freedom to dispose of their assets by will is limited by the forced share (lakiosa) rule. Under Chapter 7 of the Code of Inheritance, direct heirs -- children and their descendants -- have an unconditional right to a forced share equal to half of their statutory inheritance portion.

For example, if a person with two children leaves an estate worth 200,000 euros, each child's statutory portion is 100,000 euros, and each child's forced share is 50,000 euros. The testator can freely direct the other 100,000 euros through their will.

The forced share is not automatic. An heir must actively claim it within six months of being notified of the will. If the deadline is missed, the right to the forced share is permanently lost. The claim must be made in writing to the beneficiary or the estate administrator.

Understanding forced heirship is essential for effective estate planning and for anyone considering disinheritance.

Frequently asked questions

Do I need a lawyer to make a will in Finland?

No, but it is strongly recommended. A lawyer ensures formal validity and helps structure the will for optimal tax outcomes. A professionally drafted will typically costs 200-500 euros.

Can foreigners make a will under Finnish law?

Yes. Under the EU Succession Regulation, the law of the deceased's habitual residence applies by default. Residents of Finland can make wills governed by Finnish law.

How many witnesses are required?

Two impartial witnesses must be simultaneously present when the testator signs the will. They must not be beneficiaries or their close relatives.

Can I disinherit my children?

Not completely. Direct heirs always have the right to a forced share, which is half of their statutory inheritance portion.