määräyssijainen

Määräyssijainen is a Finnish legal term that translates to "substitute heir" or "conditional heir." It refers to a person who is designated in a will to inherit property if a primary heir is unable or unwilling to do so. This situation can arise if the named heir predeceases the testator, disclaims the inheritance, or is deemed unworthy of inheriting by law.

The concept of määräyssijainen ensures that the testator's wishes regarding their estate are fulfilled even in unforeseen circumstances. The designation of a substitute heir is a contractual matter explicitly stated within the will. The conditions under which the substitute heir would inherit are also specified in the will.

For example, a testator might write: "I bequeath my house to my son, but if he predeceases me or does not accept the inheritance, then my daughter shall inherit the house." In this case, the daughter is the määräyssijainen. The validity and interpretation of such clauses are governed by Finnish inheritance law.

The role of a määräyssijainen is activated only when the primary heir's right to inherit ceases to exist. The substitute heir then steps into the shoes of the original heir and inherits the property under the same conditions and obligations, unless otherwise specified in the will. This mechanism provides flexibility and certainty in estate planning.