Family and inheritance law

The current system of Estonian civil law includes family law (the source is the Family Law Act, which has been in force since 01.07.2010) and succession law (the source is the Succession Act, which has been in force since 01.02.2009).

We advise on all matters related to family law. We can help if you need help with the following problems: divorce and post-divorce negotiation and litigation, matrimonial property contract, maintenance, maintenance, parental rights and obligations, access rights, custody, adoption, etc. We help to prepare the necessary documents, we represent in negotiations and court proceedings.

We advise on matters of succession law:

  • how the heirs are determined, as well as how the successor, pre-heir and successor are appointed,
  • issues such as legacy and assignment
  • types of last will and testament: types of will, succession contract,
  • the course of the succession, the acceptance and waiver of the succession,
  • liability for the bequeather's obligations,
  • co-heirs, division of the estate,
  • compulsory part and inheritance register.

When the estate is opened, ie in the event of the testator's death, his or her property is transferred to his or her heirs. If there is no valid will at the time of the testator's death and the testator has not entered into a succession agreement, the property is inherited according to law.

If a person does not want his or her property to come in accordance with the law, he or she can change it by a will or succession contract.

Testament can be both domestic and notarized. There are several requirements for a domestic will in the Succession Act that must be followed when drafting a will. It must also be borne in mind that a domestic will becomes invalid six months after it has been drawn up and the testator is alive at that time. There are no time limits on the validity of a notarial will, ie it is valid until it is amended or revoked. The testator may revoke the will or any part thereof at any time by a subsequent will or succession contract.

The heir has the right to accept the succession or to renounce the succession. The period for waiving the right of succession is three months, starting from the moment when the heir becomes aware or should become aware of the death of the testator and his or her right to inherit.

Upon acceptance of the inheritance, all the rights and obligations of the bequeather are transferred to the heir, except for those which by their nature are inseparably connected with the person of the bequeather or which cannot be transferred from one person to another by law. If the heir accepts the inheritance, the ownership of the objects belonging to the inheritance shall be deemed to have been transferred to him or her retroactively from the time of opening of the inheritance. If the inheritance has been accepted by several heirs (co-heirs), the estate belongs to them jointly.

See more: Pärimine | Eesti.ee

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