Inheritance Law in Estonia

Inheritance Law in Estonia

Updated on Tuesday 28th March 2017

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The inheritance law regulates the succession and gives the legal framework for the distribution of assets of a decedent among the legal inheritors. The estate can be distributed either according to a will if there is one, or it can follow the provision of the inheritance law in Estonia. Whether you are currently facing an inheritance issue in this country, or you want to inform yourself on the provisions regarding succession you can rely on our law firm in Estonia

Overview on the Estonian Inheritance Law 

The Estonian inheritance law establishes the conditions in which the transfer of property takes place, upon the death of a person. The law determines the succession capacity of a relative, meaning that the person is able and worthy to inherit its part of the estate. 
The succession can be intestate or according to a will. The intestate succession is followed when the decedent has left no will. The intestate successors are the closest relatives of the decedent, such as a spouse and children of the person. 
The will can be notarized, which means it is signed by the testator in the presence of notary, and submitted to him. For notarization but also other legal services you can call on a local lawyer. The inheritance law in Estonia provides as well the possibility for a holographic will, which consists of a domestic version of a notarized will. If there is need of interpretation, this will be done in order to respect as much as possible the intention of the testator. 
For further information regarding intestate and will succession you can discuss with one of our attorneys in Estonia.

More provisions of the Estonian Inheritance Law

The inheritance law in Estonia provides that any transfer of property is subject to income tax, however in the case of inheritance the gains obtained from the sale of the residence are not going to be taxed.
As Estonia is a country based on private property, the inheritance law in this country relies on several principles:
  • The principle of private autonomy that recognizes the freedom of testament, the right of a person to arrange the transfer of property in the event of his death;
  • The principle of universal succession which implies that an heir cannot accept only a part of the property, but the succession transfers to the heirs as a whole.
Don’t hesitate to contact our Estonian lawyers for detailed information on the inheritance law in this country and in order to settle succession issues.