perintökelpoisuus

Perintökelpoisuus refers to the principle in Finnish inheritance law that dictates how assets are distributed after a person's death. It is fundamentally based on the concept of statutory inheritance, meaning that certain individuals have a legal right to inherit a portion of the deceased's estate regardless of what the will might state, though a will can influence the distribution among heirs.

The primary heirs, or statutory heirs, are the deceased's descendants (children, grandchildren, etc.) and, if there are no descendants, the deceased's parents and siblings. If the deceased was married, the surviving spouse also has significant inheritance rights. The spouse inherits the estate, and the descendants receive their share only after the spouse's death, unless specific provisions are made.

The law outlines specific shares for these statutory heirs. For example, a child is entitled to their "laglott," which is half of the share they would have received if there were no will. This protects descendants from being completely disinherited. Parents and siblings inherit if there are no descendants and the deceased was not married or the spouse has passed away.

While the will allows for the testator to express their wishes regarding the distribution of their assets, it cannot completely override the statutory inheritance rights of the forced heirs. If a will infringes upon the laglott, the forced heir can make a claim to reclaim their rightful portion. Perintökelpoisuus therefore represents a balance between the freedom to dispose of one's property and the legal obligation to provide for close family members.