WILLS

Do you need a will?

In order to create a will, you must be over 18 years of age and be able to act sensibly.

A will must be made in writing.

It must be signed or accepted (i.e. accepted) in the presence of two witnesses (witness testamente) or a notary in the district court (notartestamente). The witnesses or notary must subsequently sign the will.

When you die, your reserved heirs (spouse and descendants) inherit from you. By creating a will, you can decide what to do with your belongings when you die. You can only bequeath three-quarters of the total inheritance. Rest must access your reserved portions.

However, the reserved portion of an inherited life may be limited to a certain amount, which is adjusted annually. If you have no reserved heirs, you are free to dispose of all your assets and possessions.

However, a will doesn't just have to be about inheritance – it can also be about how you want to be buried or how you want your estate to be treated. Among other things, you can also decide on individual possessions, or whether your heirs should have their inheritance as their separate property or whether the succession should be tied up to some extent.

You are free to revoke your will at a later date unless it is rendered irrevocable. However, there must be no doubt that you have wished to revoke the will.

If you need to make changes to a will, it must be done by following the rules on the creation of wills.

Guidance from an attorney

You can create your will yourself, but we recommend that you receive guidance from an attorney to make sure that the will actually relate to what is relevant to you. It is important that the will is created correctly so that it takes into account the wishes you have for the distribution of the inheritance after you.

For example, have you considered whether your spouse or partner is secured as you wish? Do you or you have children together/each or maybe both? Do you leave belongings to pass on to a specific person?

Law firm Sonja Toft. We are committed to your cause.
Unmarried Cohabitants

If you are cohabiting but not married, the same rules do not apply as for spouses, and you do not inherit each other. Here it is important to decide whether to secure each other in the event of the other's death by a will.

Also read about unmarried cohabitants and cohabitation.

Law firm Sonja Toft. We are committed to your cause.
Children's test interviews

With a child test, you can help influence the decision about who should have custody of your children should you pass away.

A child test is a written document in which you alone – or you and the child's other parent together – declare who you, or you, want to take care of the children if you die.