Becoming ineligible for inheritance
Leaving your own child completely uninherited is not possible without good reason. Bad relations or disputes are not sufficient grounds. At the time of the deceased's death, the nearest surviving heirs are entitled to a legal share of the estate, i.e. half of their share. The heirs at law are the children and their children.
By following a procedure strictly regulated by law. the deceased can leave his/her heirs without any inheritance at all. The heir may be disinherited by the deceased if he or she has committed a crime which deeply offends the deceased, a relative in his or her line of succession, an adopted relative or a descendant. An heir who has led a dishonourable or immoral life may also be disinherited. The testamentary succession is made in a will.
The history of becoming an heirless person
Finnish law has its roots in Swedish legal history. Disinheritance on various grounds is linked to the post-Reformation period in the 1500s. The biblical command to ”honour thy father and thy mother” has also been reflected in the development of family law. Deep offence has meant different things in the 1850s than in the 2010s. Cohabitation and disobeying parents in matrimonial matters would have been a deep offence to the heir at the time. Times and customs change and legislation and interpretation of the law follow suit.
Can a breast heir be disinherited?
For example, the proliferation of reconstituted families, accelerating lifestyles, substance abuse problems and rapidly rising wealth values are causing tensions in relationships. These tensions are making relationships worse. For a variety of reasons, parents quarrel with their children or vice versa. In hindsight, it can be very difficult to pinpoint the single factor that started the dispute in the first place. Today, squabbling with parents over everyday matters cannot completely take away the legacy.
Entitlement of the surviving spouse to a share of the estate
You can always get a share of the law if you do not commit any crimes and do not live in a dishonourable and immoral way. The will must state the reasons for the bequest. After death, the will must be notified to the next of kin with proof of probate. They then have 6 months to decide whether or not to accept the will and the disinheritance. The will must state the reasons for the disinheritance and the reasons for it. The matter is closed if the heir accepts the reasons for disinheritance and also accepts that he will not even receive his share of the estate. The estate will then go to the other beneficiaries specified in the will.
If you want to receive your legal share, you must file a legal notice with the estate within 6 months of the date of the will.
If the deceased disputes the grounds set out in the will, the matter can be settled informally in the distribution of the estate. It is not always necessary or advisable to go to court. If an amicable settlement cannot be reached, the deceased must bring an action contesting the grounds for disinheritance.
Making a child ineligible for inheritance
You can be disinherited if the heir has deeply offended the deceased by a deliberate crime. A single minor offence is not a sufficient ground for disinheritance. The offence is always assessed from a legal point of view. The heir's own perception of the criminal nature of the act is irrelevant, since only a court can pass sentence for the offence. However, it is possible that the heir's lifestyle is dishonourable or immoral, even if he has never been convicted of a crime. This is the case, for example, with an advanced substance abuse problem. In such a situation, the grounds for disinheritance should be clearly stated in the will.
Substance abuse problem and disinheritance
A child can therefore jeopardise his or her inheritance rights by leading a life of continued dishonour or immorality. The loose nature of the provision means that strict criteria are set for its application. In the case-law, it has not been sufficient not to have had contact with the deceased. Moreover, a lifestyle of work aversion and drunkenness is not in itself sufficient. However, if the alcoholic lifestyle is accompanied by loss of custody, other disturbances, drug abuse and the placement of children in foster care, the conditions may be met. You can also be disinherited if your heir has abused your own parents or stolen money or goods from them, for example.
Disinheritance by will
Disinheritance is made by a will, which records the testator's reasons for wanting to disinherit his or her heirs. Such a will should be drawn up carefully and with the help of a competent lawyer.
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