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Denmark has a well-defined legal system governing the process of Will & Testament. As a basis, inheritance law dictates that a person's estate goes directly to their next of kin, usually spouse or children. However, a written will allows individuals to dictate their own wishes for their estate allocation. To circumvent automatic inheritance law, it is necessary to create a will according to legal guidelines.
A lawyer is crucial for drafting a comprehensive and legally valid will. They can inform about rights and obligations and ensure that the will conforms to Danish law. You may need a lawyer in case of an international family situation, to make provisions for special circumstances (like care for a disabled family member), to avoid disputes among beneficiaries, for tax planning, or to establish a trust.
Danish inheritance law allows individuals to dispose freely of 15/16 of their estate if they have descendants or ½ if they have a spouse but no descendants. Otherwise, they may dispose all of their estate. There are specific forms a will can take: a public will (written or dictated before two witnesses and an officer from Probate Court), private will (written by the person, dated, and signed in the presence of witnesses), or holographic will (handwritten, dated, and signed by the person him/herself).!
In absence of a will, Danish inheritance law dictates the distribution of the deceased's estate with priority to the surviving spouse, then children or grandchildren. If no spouse or descendants exist, it passes to parents, siblings or their descendants.
Yes, a will can be changed or cancelled at any time if the testator is legally competent.
Denmark imposes an inheritance tax of 15% on amounts exceeding the small allowance for closest relatives (like children or spouse). Taxes for other beneficiaries can be much higher.
Any person who's not a beneficiary can serve as a witness for a will in Denmark.
Foreign wills are generally valid in Denmark if they comply with the legislation in the testator’s country of residence.
The Danish Ministry of Justice, the Danish Probate Court and the Local Legal Aid Clinics can provide valuable information and resources for Will & Testament. Free online legal resources also exist, but it's advised to consult a professional for personal legal advice.
If you need legal assistance with your will, seek a lawyer specialized in inheritance law. Collect necessary personal and estate information before the consultation. Ensure that your will is in line with Danish legislation and keep it up-to-date with changing circumstances.
