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) and understands the significance of the act

Witnesses must not be close relatives of the testator or beneficiaries named in the will.

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 made to the beneficiary in writing and verifiably

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 heir being notified of the will at the estate inventory or otherwise.

Grounds for contestation

• Formal defect -- witnesses were missing or the formal requirements were not met
• Testator's lack of understanding -- dementia, mental disorder
• Duress or fraudulent inducement -- the will was made under threats or deception
• Legal incapacity -- the testator was underage without the right to make a will

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 gains full rights to the assets only after the contestation period has expired
• A will may also affect the amount of inheritance tax

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

Frequently asked questions

How is a valid will made?

A will is drafted in writing, the testator signs it in the simultaneous presence of two impartial witnesses. The witnesses sign the will.

What does the forced share mean?

The forced share is a direct heir's unconditional right -- half of the statutory inheritance portion. It must be claimed within 6 months.

Can a will be contested?

Yes. A contestation claim must be filed within 6 months of notification. Grounds may include formal defects, duress, or the testator's lack of understanding.

What is a mutual will?

A will made jointly by spouses in which each directs their assets to the other. It secures the surviving spouse's position but does not remove the children's forced share right.