Before distributing the inheritance, a distribution must be made
If the deceased was married during their lifetime and the spouses did not have a prenuptial agreement, before inheritance distribution An inventory of assets must always be provided. There is no statutory deadline for carrying out the division of an estate or a partition of matrimonial property. However, a partition must be carried out if the surviving spouse or any of the deceased spouse's heirs so requests. If no one makes a claim for the division of the estate, the partition of matrimonial property may not be carried out and the estate may remain undivided until the surviving spouse also dies.
How is the division of property carried out?
The division between the estates of the deceased spouse and the surviving spouse is carried out in the same way as the division between the surviving spouse and the deceased spouse's heirs. The division is typically handled as a consensual division by the estate's heirs, and sometimes also as a conducted division under the supervision of an estate administrator. After the division, it becomes clear what belongs to each spouse's estate. The estates are separate from each other, even if they have the same heirs, which typically means the deceased's joint direct descendants. In the division, the estate of the spouse who owned more is normally obliged to transfer assets as an equalisation payment to the estate of the spouse who owned less.
If the surviving spouse has refused to pay the inheritance tax after the first deceased spouse, this right does not transfer to their heirs.
The basis for division is the moment of death of the first deceased spouse.
A division of property must therefore be carried out between the spouses, even if both of them have already died, as only after the division is it known what property falls within the scope of the spouses' estates and inheritance distributions. In a division of property carried out after the death of the surviving spouse, it must be taken into account that the property to be divided is determined according to the moment the basis for the division arose, i.e., the moment of death of the spouse who died first. Property that the surviving spouse has received or acquired thereafter is not subject to marital property rights and shall not be divided even after the surviving spouse's death.
Distribution account and distribution agreement
An experienced lawyer knowledgeable in inheritance law can assist with preparing a division calculation. At the same time, a written agreement on the division, signed by all parties, should also be drawn up. In addition, the agreement must be witnessed by two witnesses.
Article drafted by the Advocate Tuula Rainto, Amos Law Firm. You can always call him free of charge on 010 299 5090. You can consult our price list Here.
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