Who is entitled to a compulsory share of inheritance?
In Estonian succession law, the compulsory share (sundosa) is a legal mechanism designed to protect the closest family members of the deceased if they have been disinherited or received a disproportionately small share through a will or inheritance contract. This is governed by § 104 of the Law of Succession Act (Pärimisseadus).
Who is eligible for a compulsory share?
According to § 104 (1) of the Law of Succession Act, the right to a compulsory share belongs to the following heirs of the deceased:
- Descendants (children, grandchildren, etc.);
- Spouse.
It is crucial to note that these individuals are only entitled to a compulsory share if they would have been statutory heirs in the absence of a will or inheritance contract. If the deceased has excluded these persons via a testament, they retain the right to claim their compulsory share from the appointed heirs.
Calculation of the compulsory share
Under § 105 of the Law of Succession Act, the compulsory share is equal to one-half of the value of the share the heir would have received under statutory succession. For example, if a statutory heir would have inherited 50% of the estate, their compulsory share is 25% of the total value of the estate.
It is important to understand that the compulsory share is not a direct ownership interest in the assets of the estate, but rather a monetary claim against the appointed heirs. The claimant does not automatically become a co-owner of the property but is entitled to receive the monetary equivalent of their share.
Time limits and enforcement
There are strict limitation periods for claiming a compulsory share. Pursuant to § 108 of the Law of Succession Act, a claim for a compulsory share must be submitted to the heirs within three years from the date the claimant learns of the opening of the succession and the content of the will. Failure to act within this timeframe may result in the loss of the right to claim.
Are you unsure about your rights regarding an inheritance? Our expert legal team is here to provide clarity. Contact Õigusabi 24 today for a personalized analysis of your unique situation and ensure your legal interests are fully protected.