Elussündi

Elussündi, also known as "elusünd" or "elusündiõigus," is a concept in Estonian law that refers to the right of a deceased person's spouse to inherit the deceased's property, even if the deceased had made a will that disinherited the spouse. This right is enshrined in the Estonian Civil Code and is intended to protect the surviving spouse from financial hardship.

The concept of elussündi is rooted in the principle of family solidarity and the protection of the surviving spouse's economic well-being. It applies to both married couples and registered partnerships. The right to elussündi is not absolute; it can be waived or limited by a will, but only if the will is made in accordance with the legal requirements and is not deemed invalid by the court.

The amount of the inheritance that the surviving spouse is entitled to under elussündi is determined by the court based on various factors, including the deceased's income, property, and living expenses. The court aims to ensure that the surviving spouse receives a fair and reasonable share of the deceased's estate.

Elussündi is a unique feature of Estonian inheritance law and is not found in the inheritance laws of many other countries. It reflects the Estonian legal system's emphasis on family solidarity and the protection of the surviving spouse's economic well-being.