Inheritance in Finland – how should a will be interpreted?

Proper interpretation of testamentary statements is extremely important from the perspective of the deceased’s inheritance rights. It is no coincidence that wills are often referred to as acts of the deceased’s last will. Among other reasons, the provisions of inheritance law in Finland devote a great deal of attention to the issue of proper interpretation of wills. In this way, the legislator seeks to protect the last will of the deceased.

Inheritance in Finland is regulated by the Inheritance Code (40/1965). It contains key guidelines for the proper interpretation of wills. Importantly, these have the character of binding legal norms. The provisions of Finnish inheritance law, in a way, require their application when the content of the testator’s will raises doubts that can be clarified.

It should be emphasized once again that the provisions of Finnish inheritance law allow the possibility of interpreting wills only exceptionally. The starting point is always the content of the will, and any deviation from this principle must have a clear legal basis. According to Chapter 11 of the Inheritance Code (40/1965), the provisions regarding the interpretation of wills apply only when there are doubts about their content.

The fundamental principle adopted in Finnish inheritance law is the principle of subjective interpretation of wills. According to this principle, when interpreting wills, one must be guided by the deceased’s last will. Therefore, it is necessary to refer to the internal experiences and intentions of the testator when making their will. Moreover, in situations where the will contains mistakes or other erroneous formulations that contradict the deceased’s last will, it is necessary to act in accordance with their actual intention, if it can be determined.

Another of the most significant principles of interpretation provided for in the provisions of Finnish inheritance law is the principle of comprehensive (holistic) review of wills. Therefore, when interpreting testamentary statements, it is necessary to analyze all the provisions contained in them. Otherwise, there could be a “distortion” of the deceased’s will, and thus a violation of their fundamental inheritance rights.

From the above principle, it follows, among other things, the obligation to examine the will as a logical and internally coherent whole. Such a broad approach provided for in the legal provisions relating to inheritance in Finland is aimed in particular at protecting the last will of the testator. In this respect, it is the paramount interest protected by the law.

Today, there is no doubt that every will is an example of a strictly personal legal act. Therefore, an interpreter interpreting it is not authorized to shape the content of individual provisions of the will at will. In practice, however, situations often arise where a will contains certain omissions in the form of gaps or other ambiguities that make their clear explanation impossible. According to the provisions of Finnish inheritance law, such a will is unenforceable either in full or in part.

Due to the fact that heirs usually undertake the interpretation of wills, one of the available solutions in case of significant differences of opinion is to apply to the competent probate court for a binding decision that binds both parties. The probate court may, if necessary, appoint an estate administrator.

The fundamental consequence of inheriting an estate in Finland is the necessity of a thorough knowledge of foreign legal provisions. For example, when inheriting an estate in Finland, one must be well acquainted not only with Finnish inheritance law but also with administrative law and tax law. Moreover, the provisions of European Union law and Polish law are also significant. This poses a serious challenge for individuals who do not deal with legal issues on a daily basis. In such situations, it is worth entrusting one’s case to an experienced lawyer whose task will be to protect their client’s interests.

Lawyers from the legal firm Lawyer in Europe offer their clients professional services in the field of international inheritance law. Years of practice and a high percentage of cases ending in favor of clients make Lawyer in Europe a reputable firm. If you need professional assistance in a matter related to foreign inheritance law, we warmly invite you to contact our specialists.