What does notification of a will mean?
A will may infringe upon the heirs' right to inherit, which is why heirs always have the right to express their views on the will and its content. For this right to be realised, the beneficiary of the will must notify the heirs of the will. Without notification of the will, the will cannot be executed.
In summary:
- A beneficiary can contest a will for 6 months from the date it becomes known.
- Acceptance of a will can take place immediately upon notification.
- The notification of the will being delivered to the heirs is the responsibility of the beneficiary of the will, so that the heirs can express their opinion on the will and exercise their right to claim if necessary.
- Notification is also important for determining heirs' right to sue.
- Notice must be served on each heir in writing, with proof of service, and a certified copy of the will shall be attached to the notice.
- Heirs may evade notification, in which case the beneficiary can use a bailiff for serving the notice. In this instance, the notification of the will is served through a bailiff.
Who is responsible for serving the notice of the will?
It is worth noting that the notification of the will is not the responsibility of the legal heirs. The notification is the responsibility of the beneficiary of the will themselves. For the beneficiary's interest, it is important to know whether the will is accepted by the heirs or if they intend to exercise their right to contest the will. The purpose of the notification is to disclose whether the beneficiary intends to take Testament I reply. If there are multiple beneficiaries, each of them must state their intention to accept the will.
Will and the right of heirs to sue
The notification of a will is of great importance for the determination of the heirs' right to sue. After the notification perilliset They can, if they wish, contest the will by filing a will contest in court.
What is the time limit for contesting a will?
The time limit for bringing an action is 6 months. If no action is brought within that time, the will becomes legally valid and can be implemented. The time limit for the right of action mentioned above begins to run from the notification of the will. For this reason, it is important for the beneficiary of the will to know when the will can be implemented if the heirs decide not to contest the will. Read more here.
Notice to be given by the beneficiary of a will
The beneficiary must be active regarding the notification of the will. Even if the heir is aware of the contents of the will, the 6-month period for contesting it does not begin to run until the will has been expressly notified to the heir. For this reason, notification must always be carried out, even if the will is already familiar to the heir.
Notification to legal heirs
Notification of the will must be delivered to each statutory heir. Such parties are, according to the law in order of priority The deceased's close relatives, meaning their children and grandchildren. If the deceased has no children, notification shall be given to their surviving spouse.
If there are no closer relatives, the notification must be made to the deceased person's secondary heirs, such as their parents, siblings, or siblings' children.
Even if the deceased has no heirs whatsoever, notification cannot be omitted. If there are no other heirs, notification must be delivered. To the State Treasury.
For information, the matter may sound complicated and it is advisable to ask a lawyer to clarify to whom the notice should be delivered.
How is a will notified?
The notification of the will must be proven. This means that the notification must be delivered to the heirs in writing and in such a way that it can be proven afterwards, if necessary, that the notification was delivered and the date on which the notification took place. Witnesses can be used to prove the notification. In such a situation two unhindered witnesses sign the notice form at the same time as the heir. A copy of the will must be provided to the heirs at the time of notification.
For the record, notification can be given by post to the correct person, for example. If this is done, the letter must also include a document which the heir signs and returns as proof that they have received notification of the will and have familiarised themselves with it. A copy of the will should also be included in the envelope.
Typically, the notification of the will is served probate inventory In connection with this, the requirements for serving notice must also be followed. A certified copy of the will must also be provided to the heirs in connection with the estate inventory. Usually, all heirs are present at the estate inventory meeting, which makes serving notice easier than sending letters of notice.
Witnesses to the announcement
Heirs can also evade the notification of the will. For example, they may also live abroad. In such a situation, the beneficiary of the will can use a bailiff to serve the notice.
The bailiff's task is to serve notice to the heir in a provable manner. The bailiff has many means to ensure that the notice is delivered to the person concerned. They may approach the heir by post, telephone, or also in person.
”The law firm Amos Ltd efficiently handled the notification of the will to the beneficiaries who lived in several locations across Finland. The will was served to them via a court bailiff.”. Juha K. 42 years.
The taxation of a beneficiary in a will, and the amount of inheritance tax they will pay, varies depending on which tax class they fall into. You can check the amount of inheritance tax with the tax administration. here.
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.
Related articles:
What to do if the witnesses to the will were incompetent?
Is there a dispute in the estate?