Law of Inheritance
The attorneys of our office serve as experts in questions relating to the Law of Inheritance. We draft deeds of estate inventories, last wills and testaments, deeds of estate distributions and we assist estates and individual parties of an estate in different situations relating to the law of inheritance by serving as an assistant and/or as a representative in estate distributions. Our office attorneys can also serve as executors and administrators appointed by the district court.
About the right of inheritance
How and to whom the property of a deceased person is distributed is stipulated in the Law of Inheritance. If there are no main heirs the property moves over to the next heir group. On the basis of the principal rule the estate distribution is devolved upon to the heirs in the following order:
* Bodily heir, which are children, adopted children and after them their offspring
* Parents, if they are deceased their offspring meaning brothers and sisters of the deceased and if they have died their offspring
* Grandparents of the deceased, if they have died their inheritors meaning aunts and uncles of the deceased
The children of aunts and uncles, in other words cousins, are not legal heirs.
This so-called statutory order of succession is not valid if the deceased has used her/his right to stipulate of her/his property by a last will. If the deceased has no bodily heir (children) she/he can totally order about her/his property by a last will, drafted in a specified form, during her/his life time. A compulsory legal portion, which is 50 % of the share of the estate, protects bodily heirs. The principal rule is that the share of an estate is equal to the number of inheritors. For example if the deceased had 3 bodily heirs, one share of the estate is 1/3 and the compulsory legal portion is then 1/6. If the bodily heir wants to use his/hers right to the estate, it requires a claim for a compulsory legal portion.
About estate administration
Before the estate is distributed it often has to be winded up. The winding up of an estate generally means the clarification of the assets and debts of the estate in other words preparing the estate ready for the distribution. It is recommended that the debts of the estate will be all paid before the distribution. If this is neglected the parties of the estate will be liable for its debts. If the debts of the estate are bigger than the assets, it is recommended to apply for an administrator to the estate in order to avoid the liability for the estate debts. The task of the administrator is to try to make a deal with all the creditors, to seek a partial pardon of the debts or if this is failed apply for bankruptcy. The administrator also acts as a plaintiff or as a defendant on behalf of the estate in issues in which the estate is involved.
About estate distribution
The inheritance can be distributed by agreement if all the parties of the estate are unanimous and legally competent. In other cases the distribution of the inheritance requires appointing of an administrator for the estate and the distribution is carried out by the decision made by the administrator. The appointed administrator tries to achieve a mutual understanding about the contents of the distribution between the parties. In these cases the distribution is carried out by decision made by the administrator. The appointed administrators task is to achieve a mutual understanding between the parties of an estate about the contents of the distribution. If one or several parties oppose the suggested distribution and a mutual understanding cannot be achieved, the administrator distributes the estates according to the Laws of Inheritance.
In estate distribution the proportional share of estate is defined first. The proportional share of an estate is the share which each of the parties of the estate will receive from the net balance of the estate. After this the financial value of one proportional share of the net balance is defined. Finally the actual distribution will be done with detailed listing of the property for each of the heirs. The principal rule is that the each of the parties of the estate has a right to receive a share of all kinds of objects that are included in the distribution. If a physical object cannot be shared, it has to be placed in one share and compensated with something else for others.
The individual party of an estate has the right to demand the distribution of the estate and the right to apply for a administrator for the estate.
Disclaimer: These pages are meant for informative purposes only. The information presented on this website does not constitute legal advice or any other opinions and they should not be taken as such advice. We do not take any responsibility for the measures which are taken on the basis of the information shown on these pages. We must point out that a client-attorney relationship presumes a contract between you and our office. For example sending e-mail to us does not constitute a client-attorney relationship.
