varaedunsaaja

Varaedunsaaja is a term used in Estonian civil law to refer to a person or organization designated to receive a specific asset or a portion of a deceased person’s estate as a bequest. The concept is typically connected to testamentary dispositions, such as a last will or codicil, and is distinct from statutory heirs who inherit by law in the event of intestate succession.

A varaedunsaaja may receive either a specific item (a specific legacy) or a share of the estate (a residue bequest). The designation is made by the decedent in a valid will, and the bequest generally becomes enforceable after the person’s death and the estate is settled. The terms of a bequest can include conditions, such as survivorship requirements or other stipulations, and may also be affected by rights and claims of creditors.

Rights and limitations: The varaedunsaaja acquires ownership of the bequeathed asset or right to the specified portion of the estate, subject to any conditions set in the will and to the settlement of the estate’s debts. If the estate cannot satisfy all bequests, standard abatement rules may apply, potentially reducing some bequests. In some cases, a bequest may be challenged or interpreted by courts if its wording is ambiguous or if it conflicts with mandatory legal provisions.

Process: After death, the estate is opened and administered by an executor or administrator who distributes assets according to the will. Disputes related to the validity or scope of a bequest may be resolved through negotiation or through the courts.

Example: If a testator leaves a painting to a beneficiary as a specific bequest, that beneficiary becomes the varaedunsaaja of the painting upon the testator’s death and the estate’s settlement.