Marital agreement on inherited assets

Peppi1234 · Post by **Peppi1234** » Sat Jul 26, 2014 11:36 am

Hello everyone enjoying great summer in Finland!
Would anyone have some tips on where I can get information about marital agreement?
I am married to a Finn. We have kids. I will inherit some properties from my parents. I would wish that, in case something happens to me, or even in case we divorce, ALL my belongs, specially the lately inherited ones goes to my kids, with absolutely no rights to my espouse. Is that possible? We have a "normal" half/half marital agreement. I understood that in case we divorce, we would share all our assets, acquired after the marriage. Would that include my inherited assets?
Would anyone know about this matter or know if there is public place where I should go and place a written enquire? (Obviously, i would not wish to make an agreement, because this is a delicate thing to ask from a espouse. And I dont want to create a family "war" due to my parents wishes of not share my inheritance assets with my partner).
Thank so much.
Summer thoughts like this are tough

**Sponsor:**

GermanInHelsinki · Post by **GermanInHelsinki** » Sat Jul 26, 2014 7:54 pm

It is of course not possible that you make a legally binding contract with someone, and then change the contents of that contract to your advantage by placing a written enquire somewhere.

cors187 · Post by **cors187** » Sat Jul 26, 2014 8:02 pm

Peppi1234 wrote: Would anyone know about this matter or know if there is public place where I should go and place a written enquire? (Obviously, i would not wish to make an agreement, because this is a delicate thing to ask from a espouse. And I dont want to create a family "war" due to my parents wishes of not share my inheritance assets with my partner).
Thank so much.
Summer thoughts like this are tough

A family trust that has you as the executive officer
http://www.europarl.europa.eu/document/ ... 2946EN.pdf

GermanInHelsinki · Post by **GermanInHelsinki** » Sat Jul 26, 2014 8:03 pm

If your parents wish is important for you, you should of course check whether the applicable law allows that your parents directly make your kids their heirs.

CH · Post by CH » Sat Jul 26, 2014 8:22 pm

You can make a prenuptial agreement, even after you have marred, where you declare that your spouse doesn't have right to all or part of what you own. But you need both to agree to this. (I assume that you live in Finland.) http://www.maistraatti.fi/avioehtosopimus

Peppi1234 · Post by **Peppi1234** » Sat Jul 26, 2014 9:53 pm

GermanInHelsinki wrote:It is of course not possible that you make a legally binding contract with someone, and then change the contents of that contract to your advantage by placing a written enquire somewhere.

Who is taking advantage of what? It is just the wish of my parents, knowing that the world is getting more and more cases of divorce... I think it is very realist thing, especially knowing that their "kids" (me!) leaves so far.

Peppi1234 · Post by **Peppi1234** » Sat Jul 26, 2014 10:09 pm

Thank you CH. I was thinking about going to check that from Police Station (where the local Maistraati works in this city I live in). I think there will not be probably about asking the espouse (of course it not such nice thing but I guess it is a fair thing if I think from my parents point of view. In case something happens to me, would be so strange that my kids would need to share assets with people, other than the my parents grandchidren). Especially counting that from my espouse side there are more "debts" than "credits" (if you know what I mean

)
They were checking about making a Will directly to my kids, the problem is the international agreements, rules etc. So i think the best is if I make an agreement in Finland. I know that I should have done it at mariage time but I didnt do it because in my home country the rules are: in case a half/half prenuptial deal, what you have built BEFORE marriage is solely yours or your kids, the same applying to what you inheret from your parents/grandparents (in case one DOESNT agree uponthat, that she/he just add the note that "this is not appliable" so ALL assets including inhereited are "shareble") I didnt know that a post nuptial agreement would be possible. Thank you so much!
Is there any service of counceling advising on this legislation matter offered by the cities?
Thank you.

rinso · Post by **rinso** » Sun Jul 27, 2014 7:05 am

Iirc your parents can have a clause in their will that certain assets remain exclusively in their bloodline (you + your children). But I think it only counts towards property (houses, land). The value however has to be divided evenly.

Rip · Post by **Rip** » Sun Jul 27, 2014 7:46 am

rinso wrote:Iirc your parents can have a clause in their will that certain assets remain exclusively in their bloodline (you + your children). But I think it only counts towards property (houses, land). The value however has to be divided evenly.

The International aspect of this marriage will probably require more competent lawyers, but the Finnish law does allow a parent to write a will benefitting their children so that a spouse has no 'avio-oikeus' to it (or its value).

Not significant in this case, but otherwise one should of course think this kind of issue before one's parents are hit by dementia or otherwise become legally incompetent.

GermanInHelsinki · Post by **GermanInHelsinki** » Sun Jul 27, 2014 2:22 pm

Lawyers who know the inheritance and marriage laws of several countries including all applicable international legislation are of course not a free service from Finnish municipalities.

You need the right lawyer for what you want, and that lawyer will of course send you a bill for his services.

rinso · Post by **rinso** » Sun Jul 27, 2014 2:41 pm

Lawyers who know the inheritance and marriage laws of several countries including all applicable international legislation are of course not a free service from Finnish municipalities.

The normal procedure is that the lawyer hires a consultant in the applicable county and then integrates this information in his own advice. Which often more than doubles the bill.

Peppi1234 · Post by **Peppi1234** » Sun Jul 27, 2014 4:14 pm

Thank you so much! Yes, that is the reason why I thought about making an agreement between I and espouse. I dont want to transfer all that bureaucracy to my parents. Especially I would not wish they start "stressing" about how, who will get what, etc. (I have a brother).
I believe I will try an agreement in Finland (the post nuptial deal). Probably it is something like " an amendment of a contract". Well in this case, it will my job to get the signatures etc (not very confortable to ask but I guess it is a fair thing to ask. Unless the other part would have "unfair" interests. Hmmm that I will know).
I, by no means, would want to act cunning or sneak. Just, what is fair today and the future. I realisticly dont think that from the partner there would be a possibility of reach the same "values" so it the account would be balanced. And that is what probably my parents worry about too.
Having a signature in a paper (obviously doubly witnessed etc), would that be enough?
Would anybody have experienced that postnuptial deal?
Thanks once again to share a moment of your sunny weekend!

Peppi1234 · Post by **Peppi1234** » Sun Jul 27, 2014 4:25 pm

Or maybe Finns are very straight forward, defining all the aspects of a marriage agreement once (and only) they get married at Maistraatti? I am wondering if there are other cases similar, where the Finn parents would ask the son or daughter to rethink about the sharing of their family belongs to their espouses and therefore the son/dayghter register a "paper/document" to amend the original agreement. When we are so in love and young, it doesnt seem so necessary, but economy everywhere is not getting better. (who knows? people are laid off more often. And things change, so wiser dads might get precautions about everything thry constructed/worked their entire life to the kids. How would they do?

betelgeuse · Post by **betelgeuse** » Sun Jul 27, 2014 5:20 pm

Peppi1234 wrote: Is there any service of counceling advising on this legislation matter offered by the cities?

http://www.oikeus.fi/en/index/esitteet/oikeusapu.html

Peppi1234 wrote: Having a signature in a paper (obviously doubly witnessed etc), would that be enough?

No. The link already posted by CH shows that you must register it at any Maistraatti.

http://www.maistraatti.fi/avioehtosopimus

rinso · Post by **rinso** » Sun Jul 27, 2014 6:11 pm

Having a signature in a paper (obviously doubly witnessed etc), would that be enough?

Making a deal that violates a law is not valid. (think tax evasion and so on). Therefore the Maistraatti needs to be involved.

Finland Forum

Find information about moving to, living in and life in Finland