Making a Will in Estonia – How to Get Started?

When a family has a home, a bank account, a business interest or simply assets whose fate they do not wish to leave to chance, making a will in Estonia becomes a very practical matter. A will is not a document reserved for large estates alone. It helps avoid a situation in which loved ones must dispute, in the midst of grief, what the deceased actually wished.

Many people postpone drafting a will because they assume that inheritance will be settled by law in any case. It will be, but statutory succession may not reflect your family's actual needs — particularly where there is a partner, a blended family, minor children, real estate, a business, or a wish to leave a specific item to a specific person.

What does a will actually determine?

A will is a person's personal declaration of intent regarding who is to receive their assets after death. By means of a will, one may designate an heir, bequeath a specific item or sum of money to someone, appoint an executor, and provide for a substitute heir in the event that the person named first is unable or unwilling to inherit.

The most common wish is straightforward: for example, to leave an apartment to a spouse, a summer cottage to the children, or a business interest to the person who will continue running the business. In practice, however, it is worth thinking through the wording carefully in advance. If one simply states that an apartment is to go to one child without saying anything about the remaining assets, other matters may be left unclear. A well-drafted will takes account of the overall picture, not just a single asset.

A will is always a personal document. It cannot be made by proxy, nor can someone else be allowed to decide on another's behalf. The person making the will must understand the meaning and consequences of their act at the time of making it. In Estonia, a will may be made by a person who is at least 15 years of age and is capable of forming and understanding their own wishes freely.

Making a will in Estonia: two principal forms

A will may be made before a notary or as a holographic will. Both options have their place, but they differ in their level of risk.

A notarial will is drawn up before a notary. The notary clarifies the content of the declaration of intent, verifies the identity of the testator, and ensures that the document meets all formal requirements. A notarial will is entered in the succession register. This means that after death its existence can generally be found in succession proceedings even if the deceased's loved ones do not know where the physical document is kept.

A holographic will may be written entirely by hand, dated and signed. This may seem a quick and inexpensive solution, but it gives rise to a greater number of potential disputes. For example, the date may be missing, the text may be unclear, the document may be lost, or questions may arise as to whether it was indeed written and signed by the testator. A holographic will generally ceases to be valid six months after it is made, provided the testator is still alive at that time.

For this reason, a holographic will is more suitable as a temporary solution in circumstances where it is not immediately possible to visit a notary. Where the aim is long-term certainty, a notarial will is usually the more prudent choice. This does not mean that every situation is complicated, but rather that heirs are left with less room for dispute and less of a burden of proof later on.

When does statutory succession fall short?

In the absence of a will, the persons entitled to inherit under statute are, in the prescribed order of priority, primarily children and a spouse. If there are no children, parents, siblings or their descendants may become heirs. This regime works well only where it coincides with the deceased's actual wishes.

In the case of cohabiting partners, this deserves particular attention. Cohabitation and a shared household do not automatically make a partner a statutory heir. If you wish your partner to receive the home, savings or other assets, that wish must ordinarily be expressed clearly in a will.

In blended families the question may be even more sensitive. Do you wish to treat your own children and your stepchildren equally? Should one child's contribution to the family business be reflected in the distribution of the estate? Should a spouse have the right to continue living in the shared home even after the children become its owners? These are not uncomfortable topics — they are decisions that are considerably easier to make calmly in advance than for heirs to resolve in dispute later.

A share of the estate, a specific item or a right of use?

A will need not always divide the entire estate in percentage shares. It may sometimes be appropriate to designate one person as heir and to give another a specific item or benefit. For example, a child may receive a car, a sister a fixed sum of money, or a partner the right to use a certain portion of a property for the rest of their life.

With such arrangements it is important to assess whether the value of the asset and the obligations associated with it are in balance. An apartment may come with mortgage payments, renovation needs, a tenancy, or co-ownership. A business interest may carry management rights, the involvement of other shareholders and contractual restrictions. A will should not create a problem for heirs that they will not know how to resolve later.

Nor does a will automatically extinguish all potential claims by close relatives. In certain circumstances, a spouse, child or parent who was dependent on the testator may be entitled to a statutory reserved share. A reserved share does not confer an automatic right to any specific asset, but constitutes, under the conditions prescribed by law, a monetary claim against the heirs. If family relationships are strained or you wish to exclude someone from inheriting, the consequences should be discussed before the documents are finalised.

Common mistakes that cause problems later

The most frequent mistake is vague wording. A phrase such as "everything to the children" may seem clear enough, but it does not always answer whether the children inherit in equal shares, who is to arrange the distribution of the estate, or what happens if one child predeceases the testator.

A second problem is an out-of-date will. Life changes: children are born, marriages are entered into or dissolved, real estate is acquired, a business is established, or assets already mentioned in the will are disposed of. A will is worth reviewing after any significant life change. Making a new will is possible, and a later will may revoke or amend an earlier declaration of intent.

A third mistake is the assumption that a will resolves all questions relating to succession. An estate comprises not only assets but also liabilities. In succession proceedings, an heir must decide how to proceed with the estate and, where necessary, assess the actual state of debts, contracts and assets. Particular care is required in cases involving a business, loans and multiple real property assets.

How to prepare for a meeting with a notary or lawyer?

You do not need to have a finished legal text ready before your meeting. It is sufficient to note down for yourself what assets you have, whom you would like to see as your heirs, and whether any specific item or right is to be left to a particular person. It is also useful to think about a contingency: what happens if a named heir predeceases you or disclaims the inheritance?

If your assets include real estate, a business interest, assets located abroad, or your family includes minor children and various family relationships, an initial consultation can save a great deal of time later. We will listen to your situation, explain your options in plain terms, and help you determine whether you need a will, another form of succession arrangement, or whether questions relating to matrimonial property and ownership should be addressed first.

Eurocity Law Office can help you think through and prepare the content of a will so that your wishes are clear and practically achievable. A notarial will is executed before a notary, but thorough preparation means that the notary appointment can focus on making decisions rather than discovering problems for the first time.

A will is one of the few documents by which you can leave your loved ones genuine clarity. The best time to do so is not a moment of crisis, but a moment when you can decide calmly whom you wish to protect and how.