Sequence is untrue if the tester has not left a true testament (or succession contract). If a testator's will (or succession contract) concerns only part of the estate, the remaining share will be inherited by intestacy. houses for sale
The right of succession (by testament or succession) is preferred to the right of succession (by law). The right of succession by succession contract is preferred by law or by will to the right of succession.
Under PIL the form of an act (or a succession contract) shall be governed by the 1961 Hague Convention on Conflicts of Laws (RT II 1998, 16/17, 28).
A person may make, amend, or revoke a will (or succession contract) if the person has the juridical capacity, at the time of the making, amending, or revoking the will, to do so in accordance with the law of the state of his/her residence. If, in accordance with the law of his/her state of residence, a person does not have the capacity to make, amend or revoke a will (or an estate agreement), he/she may, in accordance with the national law of his/her citizenship, make, modify or cancel a will (or an estate agreement).
The succession contracts shall apply to the law of the testator's state of residence or citizenship when entering the contract. The applicable legislation shall determine the admissibility, validity, content and binding force of the contract as well as its consequences under succession law.
When a reciprocal will is made, the will must comply with the laws of the states of residence of the two testers and with the laws of one of the spouses' state of residence, chosen jointly by the testers.
Property may be donated during the owner's lifetime.
In Estonia, there are no restrictions on donations of property other than those set out above in regard to the distribution of the obligatory portion after death.
The acquisition of real estate must be notarized and registered.
Property ownership is governed by property law (LPA). The owner has the right to possess and use his/her property, to request that the violation of such rights be prevented and to eliminate from other persons the consequences of a violation.
Property ownership of movable properties is acquired when the transferee delivers the property to the acquirer, and both agree that the ownership has been transferred.
The legal owner of the real estate in Estonia is the person whose name is the title, title and transaction documents. A transaction in which real estate is acquired or disposed of must be notarized formally. If the real right contract is entered for the performance of the transaction and a corresponding entry is made in the land register, a property transaction without such formality is valid.
Marital property rights are regulated by law.
The Family Law Act stipulates that property purchased during marriage in Estonia is jointly owned by spouses. The property that was in the possession of a spouse prior to marriage is a separate property of the spouse, property which a spouse acquires in the course of a marriage as a gift or as a patrimony and property which a spouse acquires after termination of conjugal relationships. If the value of a spouse's individual property increases significantly as a result of a marriage spouse's work or expenditure, a court may decide that the property is partly or entirely a joint property of the spouses.
The general legal consequences of marriage according to the PIL shall be determined by the laws of the State of the spouses' common residence. If the married couples live in various countries but are of the same nationality, the general legal consequences of marriage are governed by the citizenship law of the married couple. If the spouses live in different states and have different citizenships, the law of their last common residence, if one of the couples resides in the same state, determines the general legal consequences of marriage. If the applicable law cannot be determined on the general legal consequences of marriage, the law of the state in which the spouses are otherwise most closely related will apply.
A legal representative is required for children and other persons with limited legal capacity.
According to the GPCCA, adults 18 years of age have full legal ability to succeed. Minors under 18 years of age and individuals who are permanently unable to understand or direct their actions due to mental illness, mental illness, or other mental disorder have a reduced legal capacity.
If an individual has a limited active legal capacity, his/her legal representative must apply for the initiation and administration of heritage proceedings. When a person with limited legal ability enters into a heritage process, his/her lawyer's prior consent is required, otherwise the application is invalid.