Best Will & Testament Lawyers in Jõhvi

About Will & Testament Law in Jõhvi, Estonia

Will and testament law in Jõhvi, Estonia, is governed by national legislation, particularly the Law of Succession Act. A will, also known as a testament, is a legal document through which a person (the testator) determines how their assets and estate will be distributed after their death. In Jõhvi, as in the rest of Estonia, making a valid will ensures that your property is divided according to your wishes, and it may help prevent disputes among heirs. Preparing a will properly requires adherence to specific requirements and procedures set out by Estonian law.

Why You May Need a Lawyer

Although it is possible to draft a will independently, many people in Jõhvi turn to legal professionals due to the complexities involved. Common reasons to seek a lawyer's help include:

• Ensuring your will meets all legal requirements for validity and can be executed without problems
• Complex family situations, such as blended families or heirs living abroad
• Large, diversified, or international assets that may complicate succession
• Desire to exclude certain family members from inheritance, which must be handled carefully under Estonian law
• Concerns about future legal challenges or disputes among potential heirs

A lawyer ensures your intentions are clear and enforceable, helps minimize risks of disputes, and provides peace of mind that your wishes will be respected.

Local Laws Overview

Estonia’s Law of Succession Act is the primary legislation governing wills and inheritance, including in Jõhvi. Key aspects relevant to Jõhvi residents include:

• Age and Capacity: Anyone over the age of 15 can make a will if they are capable of understanding its significance and consequences.
• Types of Wills: Estonia recognizes notarial wills (prepared and certified by a notary), and holographic wills (handwritten and signed by the testator).
• Formal Requirements: Notarial wills must be made before an Estonian notary. Holographic wills must be entirely handwritten and signed by the testator.
• Inheritance Rights: By law, close family members (such as spouses, children, parents) are protected and entitled to a compulsory share, even if not mentioned in the will, unless specific grounds for exclusion exist.
• Revocation and Amendments: Wills can be revoked or amended at any time, but certain formal procedures apply.
• Probate Process: After death, the will is executed under the supervision of the notary, who administers the succession.

Failing to meet legal requirements can result in a will being declared invalid. Local notaries play a key role in both preparing and executing wills in Jõhvi.

Frequently Asked Questions

What is the minimum age to create a will in Jõhvi, Estonia?

A person must be at least 15 years old to make a will in Estonia, provided they are capable of comprehending the implications of their decisions.

Is it necessary to go to a notary to make a will?

Notarial wills must be prepared and certified by a notary, which is the most common method in Estonia. However, a handwritten (holographic) will is also valid if it is fully handwritten and signed by the testator.

Can I exclude close family members from my will?

Estonian law protects certain close relatives by granting them a compulsory share of the estate. There are specific legal grounds for excluding them, but this is not automatic and may require legal advice.

What happens if there is no will?

If a person dies intestate (without a will), their estate will be distributed according to the intestacy rules set out in the Law of Succession Act, typically passing to close family members in a set order of priority.

How can I change or revoke my will?

A will can be changed or revoked at any time by creating a new will, making a formal declaration before a notary, or destroying the existing will with the intention to revoke it.

What formalities must a will meet to be valid?

A notarial will must be certified by a notary. A holographic will must be handwritten from beginning to end and signed by the testator. Typed or digital wills are not valid unless made before a notary.

Can I appoint a foreign citizen as an heir?

Yes, you can appoint anyone as an heir, regardless of nationality, but cross-border issues may require legal guidance to ensure smooth administration.

Where should I keep my will?

It is advised to keep a will with a notary or in another safe place. Notarial wills are generally registered and stored securely by the notary.

What role does a notary play in executing a will?

A notary certifies and stores wills, and is responsible for administering the succession process and distributing assets according to the will after the testator’s death.

What should I do if I believe a will is invalid?

If you have reason to believe that a will does not meet legal requirements or is the result of duress or incapacity, you should consult a lawyer promptly to discuss challenging the will in court.

Additional Resources

For further support and information on wills and testaments in Jõhvi, Estonia, the following resources can be helpful:

• Local Notary Offices: Notaries in Jõhvi provide legal advice, prepare notarial wills, and administer succession cases.
• Estonian Chamber of Notaries: Offers information about notarial services and helps locate a notary in your area.
• Estonian Ministry of Justice: Provides information on legislation and inheritance procedures.
• Legal Aid Centres: Can provide guidance and support for those eligible for state-subsidized legal assistance.

Next Steps

If you are considering making a will or dealing with inheritance matters in Jõhvi, Estonia, here are the recommended steps:

• List your assets and consider how you would like them distributed
• Identify the people or organizations you wish to include in your will
• Consult with a local lawyer or notary to discuss your situation and ensure your will meets all legal requirements
• Ensure your will is stored in a safe and accessible place, preferably with a notary
• Review your will periodically and update it if your circumstances change

Professional legal advice minimizes the risk of disputes and helps ensure your final wishes are honored.