The statutory share is half of the legal entitlement of the heir. order of succession the value of the inheritance to be included. Such an heir who is entitled to a share of the inheritance is known as a bastard heir.
Who is entitled to a share of the law?
The beneficiaries of the legal portion are always the breast heir and the adopted child and their descendants. If a breast or adopted child has died, his or her descendants, i.e. grandchildren and great-grandchildren, become his or her heirs.
How big is the legal part?
The legal portion of the inheritance is half of the inheritance.
Example:
If the deceased has two children, their inheritance is 1/2 of the estate, i.e. the estate is divided in two parts between the children. If the deceased (the parent of the children) has left his/her estate to a person other than his/her own heirs, the heir is always entitled to a share of the estate. The legal share is therefore half of the estate, i.e. in this example, the legal share for each of the heirs is 1/4 of the estate. The deceased was entitled to bequeath ½ of his estate.
Entitlement of the surviving spouse to a share of the estate
The heir's right to a share of the estate means that, despite a valid will made by the deceased, the heir is always entitled to receive an amount of property corresponding to his or her share of the estate. The legal share may be paid to the heir in cash.
The will and the law
The main rule is that a will must not infringe the legal rights of the heir. However, notwithstanding the provisions of the law, the heir may designate all his or her property by will. However, the provisions of the law are a system of protection for the heir at law which determines the extent to which a will can be effectively executed without infringing the heir's right to a share in the estate. The legal portion must therefore be paid to the heir whenever required.
A will that prevents the heir from receiving a legal share is ineffective in principle. However, if the testator replaces the legal share or pays it in cash to the heir, the will is effective. The cash payment must be made to the heir within a reasonable time.
Waiver of the legal part
If the heir has renounced his or her legal share after the death of the deceased, he or she cannot claim that the will is ineffective. The renunciation is valid if the heir has accepted the will made by the deceased while he or she was still alive and has already received compensation corresponding to his or her share of the estate during the deceased's lifetime.
Article written by Tuula Rainto, Attorney at Law, Amos Attorneys at Law, [email protected]. You can always call him free of charge on 010 299 5090. You can check our price list Here.
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[avatar user=”amoslaki” size=”352″ align=”left” link=”https://amoslaki.fi/ajanvarauskalenteri/” target=”_blank” ]Attorney Tuula Rainto, Amos Attorneys at Law. You can always call her free of charge, tel.010 299 5090[/avatar]