pärimisõigused

Pärimisõigused, or inheritance rights, refers to the legal framework governing the transfer of a deceased person's assets and liabilities to their heirs. This area of law aims to ensure an orderly and fair distribution of property after death, providing clarity and preventing disputes among beneficiaries.

In Estonia, pärimisõigused are primarily regulated by the Law of Succession (Pärimisseadus). Key aspects include the designation of heirs, which can be determined either by a will (testament) or by law (intestate succession). If a person dies without a valid will, the law outlines a specific order of succession, typically starting with the closest relatives.

A will is a legal document that allows an individual to specify how their property should be distributed after their death. It can name specific beneficiaries, outline conditions for inheritance, and appoint an executor to manage the estate. For a will to be legally valid, it must meet certain formal requirements, such as being in writing and properly witnessed or notarized.

Intestate succession applies when there is no valid will. The Estonian law of succession establishes a hierarchy of heirs. First in line are the descendants of the deceased and their surviving spouse. If there are no descendants, inheritance passes to the deceased's parents and their descendants. The law continues to define subsequent levels of kinship if closer relatives are absent.

Upon a person's death, heirs have a certain period to either accept or disclaim the inheritance. Accepting the inheritance means taking on both the assets and any debts of the deceased. Disclaiming the inheritance, conversely, means renouncing all rights and obligations associated with it. This decision is crucial as it can have significant financial implications. The process of settling an estate often involves inventorying assets, paying debts and taxes, and then distributing the remaining property to the heirs according to the will or the law.