Best Will & Testament Lawyers in Roskilde

About Will & Testament Law in Roskilde, Denmark

A Will & Testament is a legal document that outlines how a person’s assets, debts, and possessions should be distributed upon their death. In Roskilde, Denmark, the core framework for drafting, validating, and executing Wills is set out by Danish inheritance law, which applies nationwide. Wills help ensure that your estate is managed according to your wishes and provide clarity for your family and beneficiaries. Without a valid Will, Danish intestacy rules determine how your estate is divided, which may not reflect your personal preferences.

Why You May Need a Lawyer

There are several situations where seeking legal counsel for your Will & Testament in Roskilde is beneficial. Legal experts can help avoid common pitfalls, reduce disputes, and ensure your Will is valid and enforceable. You may need a lawyer in the following cases:

• You have a complex family situation, such as stepchildren or unmarried partners.
• You own property or assets abroad.
• You wish to exclude statutory heirs or make unusual bequests.
• You are concerned about inheritance taxes or asset protection.
• You want to set up special arrangements such as life estates or trusts (båndlæggelse).
• You require advice regarding guardianship for minors.
• You want to update or revoke an existing Will.

Local Laws Overview

Danish inheritance law is governed by the “Arveloven” (Inheritance Act), which applies throughout Denmark, including Roskilde. Here are some key legal aspects:

• Certain family members (spouse, children) have legal rights to a fixed share of the estate, known as the “tvangsarv” (compulsory portion).
• A Will can be drafted in various forms, but must commonly be either a witnessed Will (“vidnetestamente”) or a notarial Will (“notartestamente”).
• Witnessed Wills must be signed in front of two impartial witnesses. Notarial Wills are signed in the presence of a notary at the local Court (Skifteretten) in Roskilde.
• Unmarried partners do not automatically inherit unless named in a Will.
• It is possible to assign specific items or sums to individuals, but statutory heir rights cannot be fully disinherited.
• A Will must be clearly written, dated, and comply with formal requirements to be considered valid.
• Updating or revoking a Will must follow legal guidelines to avoid confusion or invalidation.

Frequently Asked Questions

Who can make a Will in Roskilde, Denmark?

Anyone aged 18 or older with mental capacity can create a Will. Persons under 18 may only create a Will in limited circumstances, such as if they are married.

Do I need to use a lawyer to make my Will?

While a lawyer is not strictly required, professional guidance ensures your Will complies with Danish law and accurately expresses your wishes, especially in complex cases.

What types of Wills exist in Denmark?

The most common are witnessed Wills and notarial Wills. In exceptional cases, emergency (nødstestamente) Wills can be made if the testator is unable to access standard procedures.

What is the “tvangsarv” or compulsory portion?

This refers to the minimum share of your estate that close relatives (usually children and spouse) are legally entitled to, regardless of your Will. Statutory heirs cannot be completely disinherited.

Can I change my Will?

Yes, you can update or revoke your Will at any time as long as you have mental capacity. Any changes should follow legal procedures to ensure validity.

How safe is my Will after it is made?

Wills signed before a notary are stored safely in the national court registry. Witnessed Wills should also be registered or kept in a secure location to avoid being lost or destroyed.

Can I exclude a child or spouse from my Will?

You cannot fully exclude a child or spouse, as they are entitled to the compulsory portion. You can decide how to distribute the non-compulsory part of your estate.

Does my Will cover property outside Denmark?

It may, but foreign assets can be subject to local laws and tax rules. Legal advice is recommended for cross-border situations.

What happens if I die without a Will?

Danish intestacy rules determine who inherits your estate, generally favoring spouses and closest relatives. Unmarried partners and friends do not inherit unless named in a Will.

What if I want to leave something to a charity?

You can include charities as beneficiaries in your Will, designating specific items, sums, or a portion of your estate.

Additional Resources

If you are seeking further information or support regarding Wills & Testaments in Roskilde, consider the following resources:

• Roskilde Skifteret (Probate Court) - Handles Will registration and probate matters locally.
• Borger.dk - The official portal for public services in Denmark, providing guides and forms regarding inheritance, Will registration, and legal standards.
• Danish Bar and Law Society (Advokatsamfundet) - Lists licensed lawyers and provides advice on finding legal assistance.
• Association for Danish Estate Planners - Professional organization of lawyers specialized in inheritance planning.
• Ældre Sagen - A non-profit organization that offers advice and guidance for seniors, including Will and inheritance information.

Next Steps

If you are considering making or updating your Will in Roskilde, Denmark, review your family situation and financial affairs. Prepare a list of your assets and consider your intended beneficiaries. Consult a qualified lawyer who specializes in inheritance law to ensure your Will is valid, clearly expresses your wishes, and addresses any specific circumstances. You can contact your local Roskilde Skifteret for information on notarial Wills or reach out to the Danish Bar and Law Society for help locating an attorney. Always keep your Will up to date and inform your executor or a trusted individual about its location or registration for future reference.