Inheritance law

[adf1]

Hi. My wife and I are renting a house in Finland and are looking to buy. I have a child from a previous marriage and my present wife and I do not have any children. I am trying to find out if my wife and I purchase the house together and both of our names are on the deeds what would happen in the event of my death. Would my wife be able to inherit the whole property or would my daughter inherit the property, or part of the property? If I write a will stating that I wanted my wife to inherit my full estate would this be acceptable or would my daughter still inherit part of the property? Although I would like to give my daugher an inheritance (probably money, rather than property) I am concerned that my daughter would immediately sell the house leaving my wife nowhere to live. Thank you for your help.

[Upphew]

http://www.finlex.fi/en/laki/kaannokset/1965/en19650040

[Rip]

probably the most relevant piece:

Notwithstanding a demand of a direct descendant for the distribution of the
estate, or the rights of a beneficiary under a testament, the surviving spouse may
retain possession of the undivided common home of the spouses or of other
housing that is part of the decedent’s estate and suitable as a home for the
surviving spouse, unless there is housing suitable as a home for the surviving
spouse in his or her own property. The customary household effects in the
common home shall always remain undivided in the possession of the surviving
spouse.

But under the circumstances it probably wouldn't too bad idea anyway to spend a little bit money to get lawyer to help you to make suitable last will for two of you.

[Tiwaz]

Your daughter has always right to quarter of your property, amount which cannot be undone in any means. (due to your wife, in absence of prenup, having half and remaining half having half of it as legal right of children)

You will want to possess some sort of resources she can inherit which contribute to at least 25% (this, to my recollection, is absolute minimum you must leave to your children to split) of your total property which are not part of the house.

No testament can deny her this right to her portion of heritage. Your testament can, to my knowledge, say which part of your property will be her share (IE, shares/money/whatever of sufficient amount to be 25% of your property), but not deny her this quarter.

Upon death without prenuptial (to my recollection, recommend that lawyer):
50% has to go to spouse
25% has to go to children to split
25% can de decreed by will (to go to anyone)

[Rip]

Your daughter has always right to quarter of your property, amount which cannot be undone in any means. (due to your wife, in absence of prenup, having half and remaining half having half of it as legal right of children)

(I think I already implied I am not lawyer, but...)
the "retain possession of the undivided common home of the spouses" is still valid. Note that "retain possession" does not mean ownership. The child or children could own part or whole of it (and even be obliged to pay inheritance tax) but having little benefit from it until the widow dies or otherwise gives it up.

Upon death without prenuptial (to my recollection, recommend that lawyer):
50% has to go to spouse

If it is the richer of the spouses that died. If the one with less property dies first, the surviving keeps all what was on his name.

[Upphew]

Your daughter has always right to quarter of your property, amount which cannot be undone in any means.

No she doesn't, if she commits a crime against the one who she is going to inherit or his/her children or their children, or if she lives dishonourable or immoral life.

"Rintaperillinen voidaan tietyin edellytyksin tehdä perinnöttömäksi, jolloin hänellä ei ole oikeutta edes lakiosaansa. Rintaperillinen voidaan tehdä perinnöttömäksi, jos perillinen on tahallisella rikoksella syvästi loukannut perittävää, perittävän perimyspolvessa olevaa sukulaista tai perittävän ottolasta tai ottolapsen jälkeläistä. Perinnöttömäksi tekemisen perusteita ovat myös jatkuva kunniaton elämä tai jatkuva epäsiveellinen elämä. Kahdessa viimeksi mainitussa tapauksessa huomioon otetaan se, miten syvästi perillisen elämäntapa on loukannut perittävää."

[Tiwaz]

(I think I already implied I am not lawyer, but...)
the "retain possession of the undivided common home of the spouses" is still valid. Note that "retain possession" does not mean ownership. The child or children could own part or whole of it (and even be obliged to pay inheritance tax) but having little benefit from it until the widow dies or otherwise gives it up.

True, but that still assumes that widow has no possession of another house/apartment where they could live.
Also, OP wanted to know if wife could inherit the whole house, which she could assuming that child is given her legal share in some other form, which has to be at least 25% of property of OP.

If it is the richer of the spouses that died. If the one with less property dies first, the surviving keeps all what was on his name.

Mmm... Appears that you are right. Though that still leaves issue of dead person's property being half of the house.

Your daughter has always right to quarter of your property, amount which cannot be undone in any means.

No she doesn't, if she commits a crime against the one who she is going to inherit or his/her children or their children, or if she lives dishonourable or immoral life.

"Rintaperillinen voidaan tietyin edellytyksin tehdä perinnöttömäksi, jolloin hänellä ei ole oikeutta edes lakiosaansa. Rintaperillinen voidaan tehdä perinnöttömäksi, jos perillinen on tahallisella rikoksella syvästi loukannut perittävää, perittävän perimyspolvessa olevaa sukulaista tai perittävän ottolasta tai ottolapsen jälkeläistä. Perinnöttömäksi tekemisen perusteita ovat myös jatkuva kunniaton elämä tai jatkuva epäsiveellinen elämä. Kahdessa viimeksi mainitussa tapauksessa huomioon otetaan se, miten syvästi perillisen elämäntapa on loukannut perittävää."

Extremely rare and difficult situation to create. There is only one actual case of this known in the law.

To do so, you have to make will where you declare that someone is not entitled to inheritance, give actual reason for doing so and PROVE the existence of valid condition.

Furthermore, in such case law considers person disinherited as having died prior to person to be inherited. Thus, for example children of disinherited person are entitled to having the heritage.

Which makes it interesting if mentioned children are underage and disinherited person would be their guardian.

If we go down this road, you could also lose right to heritage by murdering the person you wish to inherit or hiding a will.

[Rip]

Also, OP wanted to know if wife could inherit the whole house, which she could assuming that child is given her legal share in some other form, which has to be at least 25% of property of OP.

He also stated:

I am concerned that my daughter would immediately sell the house leaving my wife nowhere to live.

- Which do my best understanding would not be the case what ever they do. Anyway, there has been useful points made in several points. It's up to OP to ask a again if he wants clarification.

If it is the richer of the spouses that died. If the one with less property dies first, the surviving keeps all what was on his name.

Mmm... Appears that you are right. Though that still leaves issue of dead person's property being half of the house.

AFAIK (but this I am saying with rather limited conviction) in a case of a married couple owning jointly a house, and additionally the husband having plenty of money, stock and other property (but not a house), if the wife dies, children or her other inheritors would inherit her half of the house but they could neither collect rent from from the widow or force him to pay their share of the inheritance from his other (non-inherited) property or demand that the house would be sold and the proceedings would be split.

[kardaani]

Although I would like to give my daugher an inheritance (probably money, rather than property) I am concerned that my daughter would immediately sell the house leaving my wife nowhere to live. Thank you for your help.

Don't worry about it. If Finland recognizes that you two were married, the widow has the right to live in that house until she dies. Regardless of who inherits, that is "owns" the house, the widow cannot be forced to move out. I'm not entirely sure if this puts your mind at ease as there are a million ways to ruin someone's life even if you can't sell the house from under them.. If you can afford to give your kid(s) their legal share with liquid assets right off the bat, you can also leave the whole house to your wife. From your wife's point of view there's not much difference between the two scenarios, as long as your marriage is recognized by the Finnish legal system and your wife knows her rights.

As a side note, you can also use this for the Finnish national sport - avoiding taxes. Give the house to the kid(s) BUT retain the "hallintaoikeus"/"administrative privilege" (same as what the widow gets automatically on the house) of the property with the remaining parent. This way the kid(s) can't really do anything with the property until the last parent dies. The property is less valuable if burdened with said "hallintaoikeus", so less tax to be paid plus the kid(s) won't have to pay tax again when they inherit from the last parent to die.