Best Estate Planning Lawyers in Copenhagen

About Estate Planning Law in Copenhagen, Denmark

Estate planning law in Copenhagen, Denmark, involves creating a plan of succession for your assets and properties in case of death or mental incapacity. Under Danish law, there are restrictions on how much free will you have when distributing your estate. Some portion of your estate will automatically pass to your immediate family members (children and spouse) by way of statutory inheritance. It is essential to develop your Estate Planning within the constructs of Danish laws to avoid legal disputes in the future. A Will is central to Estate Planning, but a lifetime planning may also involve setting up trusts or power of attorney arrangements.

Why You May Need a Lawyer

Estate planning can be complex and navigating through the intricacies of Danish law requires expert knowledge. A lawyer can help you better understand your rights, draft a clear, legally binding will, and guide you through additional processes like setting up a trust or power of attorney. They can also offer advice on how to minimise inheritance tax complications. If your estate has overseas assets, has considerable debt, or if there are prospective complex family situations, it becomes even more crucial to involve an attorney.

Local Laws Overview

The inheritance law in Denmark is legislated by the Danish Inheritance Act. The Act generally caters to immediate family members, i.e., a spouse and lineal descendants. If there are no descendants or a spouse, lineal ancestors and their descendants are included. According to the Act, up to half of your assets may be freely willed away. The rest is reserved for your immediate family members. The inheritance tax in Denmark, also called "boafgift", usually amounts to 15% for close relatives and 36.25% for others.

Frequently Asked Questions

1. Can I distribute my assets as per my choice in my will?

While Danish law gives you some level of freedom in your will, it also safeguards the rights of your immediate family participants who are entitled to a statutory inheritance.

2. What happens if I die without a will?

If you die intestate (without a will), your estate will be distributed according to Danish statutory inheritance law, which automatically entitles certain portions to your immediate family members.

3. Can I appoint an executor in my will?

Yes, appointing an executor is possible under Danish law. The executor will help carry out your wishes as drafted in the will.

4. How can I minimise the inheritance tax?

Hiring a knowledgeable estate lawyer can help you strategise your estate planning to best minimise the potential inheritance tax.

5. What if I have assets outside Denmark?

If you have assets outside Denmark, it is crucial to get legal advice about estate law in the concerned country in addition to Danish law. An estate lawyer can assist with such complexities.

Additional Resources

The Danish Ministry of Justice provides several resources about inheritance and Estate Planning. Websites like the International Law Office (ILO) offer useful online legal updates and analysis. Other organizations such as the Danish Law Society, or "Advokatsamfundet", can provide further guidance and resources for legal advice.

Next Steps

If you need legal assistance with Estate Planning, explore the option of hiring a lawyer who is an expert in Danish inheritance law. Plan a consultation to discuss your situation and ascertain the best course of action for your personal circumstances. Remember to gather all relevant documents related to your properties and assets before you arrange any meetings with an attorney.