Succession
The right of succession is acquired at the moment of the deceased person's death, by law or under their last will
Any natural person may have successors, and any person may be a successor, unless the law stipulates otherwise. The right of succession is acquired at the moment of the deceased person’s death, by law or under their last will. You can also forfeit this right.Succession by law
If the deceased did not leave a last will, by law, they are succeeded by their legal heirs pursuant to the order of succession, according to the principle that the heirs in a higher order of succession are excluded from the succession of a person in a lower order of succession.If the deceased has no heirs, the inheritance goes to the municipality or city, which thus acquires the same status as if it were the deceased person's heir which is a right they cannot relinquish.
Legal heirs of a deceased person are their:
- Descendants, adoptees, and their descendants, children over whom the deceased had partner-guardianship and their descendants
- Marital spouse
- Non-marital spouse
- Civil partner
- Informal civil partner
- Parents, adopted parents
- Brothers, sisters, and their descendants
- Grandparents and their descendants
- Other ancestors.
By law, the deceased person’s non-marital spouse—who is equal to a marital spouse in succession law—is also their legal heir. Children born outside of marriage have the same rights of succession as children born in marriage and their descendants.
In succession law, the deceased person’s civil partner is equal to a marital spouse, and the children over whom the deceased had partner-guardianship are equal to the deceased person’s children. Civil partnership is the union of two same-sex persons entered into before a registrar to form a family in accordance with the provisions of the special act (Act on Civil Partnership of Persons of the Same Sex).
In succession law, an informal civil partner is equal to a non-marital spouse. Informal civil partnership is the union of two same-sex persons forming a family, who have not entered into a civil partnership before the competent authority, provided that the union has existed for at least three years and has met the prescribed requirements for the validity of a civil partnership from the beginning.
Order of succession
The deceased's descendants, their marital spouse (the deceased person's non-marital spouse, civil partner or informal civil partner) are in the first order of succession and they inherit equal parts.If the deceased had no descendants, the second order of succession includes the deceased person’s parents and marital spouse (that is, the deceased person's non-marital spouse, civil partner or informal civil partner). In this case, the deceased person's parents inherit a half of the inheritance—which is divided equally—and the other half is inherited by the deceased person's marital spouse (that is, the deceased person's non-marital spouse, civil partner or informal civil partner).
The third order of succession includes the deceased person’s grandparents and their descendants, and the fourth order of succession includes the deceased person’s great-grandparents. After the great-grandparents, the deceased person is succeeded by their other ancestors.
Succession under the last will and compulsory heirs
Any person who has reached the age of 16 and has the capacity to make decisions can make a last will. In their last will, they dispose of their assets in case of their death, but there are certain legal restrictions in this respect. More precisely, notwithstanding the deceased persons’ last will, there is a certain number of people who are legally entitled to a compulsory share.Compulsory heirs are the deceased person's descendants, adoptees, and their descendants, children over whom the deceased had partner-guardianship and their descendants and the deceased person’s marital or non-marital spouse, civil partner or informal civil partner. The deceased person’s parents, adopted parents and other ancestors (grandparents, etc.) are also their compulsory heirs if they are permanently unable to work and lack adequate resources to support themselves.
The deceased person’s descendants, adoptees, and their descendants, their marital or non-marital spouse, civil partner or informal civil partner are entitled to a compulsory share equal to a half of the share they would have inherited pursuant to the legal order of succession. The compulsory part of the rest of the compulsory heirs is equal to a third of their legal share.