seaduspärasus

Seaduspärasus, in Estonian law, refers to the statutory portion of an estate that certain heirs are guaranteed by law, regardless of the decedent’s will. The term is commonly translated as the legal or mandatory share. It is a mechanism designed to protect close family members by ensuring they receive a minimum portion of the estate even if a will attempts to disinherit them or reduce their share.

In practice, seaduspärasus operates within the framework of the Inheritance Act. The law designates obligatory heirs and the size of their reserved portion, which typically includes close relatives such as descendants (children and grandchildren) and the surviving spouse. The exact composition and amount depend on the surviving relatives and the overall circumstances, and the reserved portion cannot be wholly eliminated by testamentary dispositions. The remainder of the estate, beyond the seaduspärane osa, is freely disposable under the will or by statutory succession rules if there is no will.

If a will or other disposition infringes on the statutory share, obligated heirs may challenge the provisions in court to protect their seaduspärane rights. The aim of seaduspärasus is to balance testamentary freedom with social protection of immediate family members, ensuring that essential relations are not entirely deprived of their lawful inheritance.

Seaduspärasus thus functions as a civil-law instrument to guarantee a minimum inheritance for certain heirs while leaving the remaining rights to be allocated according to the decedent’s wishes or statutory succession in the absence of a valid will.