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Family law, divorce and law of succession

Family law, divorce and distribution of matrimonial assets

We handle family law commissions with experience and expertise. Included in our family law services are for instance:

Prenuptial agreements
Distributions of matrimonial assets
Distribution of an estate
Estate inventory deed
Testament
Proxy on supervision of the interests of another party
Deed of gift
International law of succession

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Information on family law and the law of succession

We have gathered central information on family law on this page. This information concerns e.g. divorce and distribution of matrimonial assets and also central information on the law of succession, such as declaration of an estate and distribution of an estate. We are happy to answer any questions that are on your mind.

Divorce and distribution of matrimonial assets

Petition for divorce

A petition for divorce is addressed in writing to the district court. The spouses can petition for divorce jointly or separately. If only one spouse is the petitioner, the district court will inform the other spouse of the petition for divorce, and reserve the other spouse an opportunity to be heard.

A divorce can be granted after a six-month reconsideration period, or if the spouses have lived separated(ly) for the past two years without interruption. After the reconsideration period has passed, the spouses can either jointly or separately make a petition to be granted a divorce. The petition must be made before one year has passed since the start of the reconsideration period. Otherwise the petition for divorce expires.

Simultaneously with the petition for divorce it is also possible to handle child-related matters, such as custody, residence, access and maintenance.

Distribution of matrimonial assets

After the petition for divorce has been filed at the district court, both spouses can request the division of possessions. That is to say that the spouses request that the distribution of matrimonial assets be done. The principal rule is that all possessions are to be divided equally between the spouses. This principal rule can be deviated from with e.g. a prenuptial agreement or a conciliation of the distribution of matrimonial assets.

The distribution of matrimonial assets can be done either as a contractual distribution of matrimonial assets or as a procedural distribution of matrimonial assets. The parties can carry out the distribution of matrimonial assets according to an agreement they have themselves made. A document should be made of the distribution of matrimonial assets. This document must be dated, signed and attested by two unrestrained individuals. In case the parties cannot agree upon the distribution of matrimonial assets, both parties have a right to demand that an executor be assigned to perform the distribution of matrimonial assets. The petition to assign an executor is made to the district court. In this case the executor performs the distribution of matrimonial assets. The executor then makes a document upon the distribution, and signs said document.

It is always wise to consult an expert when investigating the relations of the possessions between the spouses and when planning a distribution of matrimonial assets.

Law of succession

ESTATE INVENTORY AND DISTRIBUTION OF AN ESTATE

Estate inventory

The estate inventory shall be taken within three months of the death. In case the estate inventory of the deceased is not submitted within the prescribed period, negative consequences can ensue according to legislation (such as a punitive tax increase and the distributees’ personal responsibility for the debt of the deceased). The distributees administering the property of the estate, the executor of the testament - or some another person taking care of the estate - shall take care of the estate inventory.

The assets and debts of the deceased shall be catalogued in the estate inventory deed. The assets and debts of a possibly surviving spouse shall also be catalogued in the estate inventory deed. The estate inventory is made by two executors. These executors shall draft the estate inventory deed and assess the value of the estate.

The estate inventory deed shall be submitted to the Regional Tax Office of the deceased’s place of residence within one month of the estate inventory.

Order of succession

The heirs are determined in accordance to the Code of Inheritance, in case nothing else has been decreed by testament. The primary heirs are the children and grandchildren. If the decedent was married or in a registered partnership and he or she is not survived by any direct descendants, the estate shall devolve on the surviving spouse.

If case the decedent is not survived by a living spouse, the estate shall devolve to the parents and after that to the siblings or their descendants. In case they are not alive either, the estate shall devolve to the grandparents, and in case they are not alive, then to their children. The statutory succession ends here. This is to say that the decedent’s uncles and aunts can inherit, but the decedent’s cousins cannot.

Regardless of the order of succession, the Code of Inheritance includes acts that protect the surviving spouse. Unless otherwise follows from a demand of the direct descendants for the distribution of the estate, or from the terms of a testament left by the decedent, the surviving spouse may retain possession of the undivided estate of the deceased spouse. Notwithstanding a demand of a direct descendant for the distribution of the estate, or the rights of a beneficiary under a testament, the surviving spouse may retain possession of the undivided common home of the spouses and the customary household effects, unless there is other housing suitable as a home for the surviving spouse.

Testament

In Finland there is testamentary freedom. This signifies that the testator can primarily define the contents of the testament. There are however some exceptions to testamentary freedom. Conditions that are against the law or against good practice are forbidden. It is not possible to violate the right of a person entitled to a reserved share or the protection of the surviving spouse.

The purpose of these exceptions is to protect the surviving spouse and the persons entitled to a reserved share.

A testament shall be made in writing with two witnesses simultaneously present; after the testator has signed the testament or acknowledged his or her signature thereon, these shall attest the testament with their signatures.

They are to be aware that the document is a testament, but it shall be in the discretion of the testator whether to inform them of the contents of the testament.

The testator, a person under fifteen years of age or close relatives, cannot attest a testament.

If the deceased gives the beneficiary the whole estate or a specified share of the estate, the testament is of general legacy. The beneficiary of general legacy is a distributee of a death estate and general rules on the rights and duties of distributees of a death estate are applied to the beneficiary. The beneficiary of general legacy receives the property at the distribution of an estate.

In case the deceased gives the beneficiary only a certain object of the estate or a certain amount of money, the testament is called a bequest. The beneficiary of a bequest is not a distributee of a death estate. Generally, the property is given to the beneficiary of a bequest already during the estate administration.

The most common testament types:

1) Testament of good title

A testament of good title signifies a testament, which grants the beneficiary full authority over the property. The beneficiary of the testament is free to use the property in all the ways he or she wishes.

2) Testament of restricted title

A testament of restricted title differentiates itself from a testament of good deed in that a testament of restricted title stipulates a primary and a secondary beneficiary of the property.

A primary beneficiary has the right to use the property but cannot however dispose by testament of said property.

This is a common type of testament between spouses who have children together.

2) Testament of restricted title

Right of use under a testament means a testament gives the person only a right to use or administrate either the entire estate or a certain part of the estate.

The right of use can be for life or a fixed-term right of use.

This kind of order is useful for taxation reasons, since the receiver of the right of use is not ordered to pay estate tax at all. In addition to this, the right of use lowers the estate tax of the person who has been granted ownership of the estate.

One testament can include all the above-mentioned types of testament.

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We are happy to assist you in all matters related to law of succession. Our vast knowledge and our long experience help all parties to reach the best possible result.