Perintösopimukset

Perintösopimukset, also known as inheritance contracts, are legal agreements made between a testator (the person making the will) and an heir or another party. These contracts are a way to arrange for the distribution of assets after death, but they differ from a traditional will in that they are a binding agreement between living parties.

In Finland, perintösopimukset are regulated by Chapter 7 of the Inheritance Law. For a perintösopimus to be valid, it must be made in writing and signed by both the testator and the heir in the presence of two witnesses. This form of agreement allows the testator to ensure certain provisions are met regarding their inheritance, and the heir is typically bound by the terms agreed upon, which can include specific bequests or stipulations about how assets are managed or distributed.

A key characteristic of a perintösopimus is its binding nature. Unlike a will, which can generally be revoked or amended by the testator at any time, a perintösopimus creates obligations for both parties. The testator cannot unilaterally change the terms of the contract without the consent of the heir, and conversely, the heir is obligated to adhere to the agreed-upon conditions. This provides a level of certainty for both parties involved.

Perintösopimukset are often used in specific situations, such as when a business owner wishes to ensure the continuity of their business by designating a specific heir and outlining the terms of transfer. They can also be used to settle complex family inheritance matters or to make arrangements that differ significantly from the default rules of intestate succession. However, due to their binding nature, it is crucial for all parties to fully understand the implications before entering into such an agreement, and legal counsel is highly recommended.