põhipärandumine

Põhipärandumine refers to the primary inheritance or main heritage in Estonian law. It is the foundational concept governing how a deceased person's assets and liabilities are transferred to their heirs. When an individual passes away, their estate, encompassing all their property and debts, becomes subject to inheritance law. Põhipärandumine outlines the rules and procedures for identifying who these heirs are and how the estate will be divided among them.

In Estonian law, inheritance can occur in two ways: by law or by will. Inheritance by law, or testamentaarne pärimine, applies when the deceased has not left a valid will. In such cases, the law specifies a hierarchy of heirs, typically starting with the closest relatives such as spouse, children, and grandchildren. If there are no direct descendants, the inheritance passes to parents and then to siblings and their descendants, and so on.

Inheritance by will, or seadusjärgne pärimine, occurs when the deceased has made a will that dictates the distribution of their assets. A will allows the testator to designate specific individuals or entities as heirs, even those outside the legally defined hierarchy. However, Estonian law also includes provisions for forced heirship, which protects certain close relatives from being completely disinherited, even if a will exists. The process of inheritance involves formal procedures, including the acceptance or renunciation of the inheritance and the division of assets, all of which fall under the umbrella of põhipärandumine.