Which law applies?
Can I choose the law applicable to my succession?
Last update: 10/3/2012
General observations
The law applicable to the succession is determined in a standard way for both real estate and personal property.
- The applicable law is the law of succession of the State in which the deceased resided at the time of his/her death if he/she had lived there for at least five years (or of which he/she was at least a citizen).
- Otherwise, the law of nationality applies. Finnish law can be applied independently of this:
- in order to grant the surviving spouse the right of use of the joint home;
- and to provide financial assistance to the children or spouse of the deceased.
Exception for citizens of the Nordic countries
For the member countries of the Nordic Convention of the Law Applicable to Successions because of Death (Denmark, Finland, Iceland, Norway and Sweden), the applicable law is in principle determined by the country in which the deceased had his/her habitual residence at the time of death.
Choice of applicable law
The deceased may choose one of the following laws:
- the law of the State whose nationality he/she held at the time of his/her death;
- or the law of the State where he/she had his/her place of residence at the time the choice is made (or previously) or at the time of his/her death;
- or the law applicable to the matrimonial property regime if he/she was married at the time of the choice.
Detailed information
Which criteria are used to determine the applicable law?
Where no international convention applies, the law for the inheritance is determined according to art. 26:5 ff. PK for real estate and personal property and, in principle, according to the last domicile of the deceased, provided he/she lived there for at least 5 years (or if he/she was a national of this State). In the contrary case, the law of his/her nationality applies. The possibility of transfer is in principle excluded.
With regard to the deceased citizens of a country that is a member of the Nordic Convention on the law which applies to succession to the estates of deceased persons, it is in general the country where the deceased had his/her habitual residence that takes precedence. The heirs or the legatees may, however, demand, within the time allowed by the law, the application of the law of the country of which the deceased was a national, provided that the duration of his/her habitual residency in Finland was less than 5 years at the time of death.
Which principles govern the choice of applicable law?
The deceased may choose, in the framework of a will, one of the following laws for his/her entire estate:
- The law of the State whose nationality he/she held at the time of his/her death;
- The law of the State where he/she resided at the time of choosing (or previously) or at the time of his/her death;
- Or the law applicable to the matrimonial property regime if he/she was married at the time of choosing.
What are the main international agreements in force?
The Hague Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions of 5 October 1961 (see 26:9 PK)
The Nordic Convention on the law applicable to the estates of deceased persons of 19 November 1934
