Testament/last will
Testament/last will
When a person dies their assets and property becomes an estate. But eventually an estate is present and the fortune must be divided between the heirs of the deceased.
When a person lives in Denmark the Danish laws of inheritance and handling of the estate is valid.
If there is no last will and testament the law is quite clear. If the deceased is married 50% of the joint estate is seen as owned by the deceased.
The spouse (legal marriage) inherits 50% of the 50% part of the common assets and property belonging to the deceased spouse. The children splits the other 50% in equal parts between them. If a married couple have no children or only common children the estate is postponed until the longest living og the two dies or enters a new marriage (if common children with the deceased spouse).
If there are no children the spouse inherits everything.
With no spouse the children splits everything.
Does the deceased neither have any children or spouse, the inheritance may go to parents, siblings or their children. In case of no heirs the state will eventually be the beneficiary.
The above is the situation with out a last will or testament.
With a last will you may decide who is to benefit of your fortune when you are no longer here. If you are married or if you have any children, they will in common be entitled to a minimum of 25% of your estate. The rest, 75%, you may dispose to who you want. This could be a daughter or son you wish to favourize, a nephew, an organization og a good friend. It may also be a partner (unmarried couples).
You may also use the testament to minimize inheritance to somebody – i.e. a child you have no contact to. Or you may choose to minimize the inheritance to your children in order to make your spouse able to continue living in you common home.
A will can be made only by you and with only you knowing the content. Or you may make a mutual last will and testament with your spouse.
We will be happy to assist you securing that your assets and fortune is allocated the way you want.
Please contact us for counselling regarding will and/or inheritance planning.