Will

Provide security for yourself and your loved ones

With a will, you can provide security for yourself and your loved ones. You can influence how your inheritance should be divided and distributed to ensure that what you leave behind goes to those you desire. Regardless of age, wealth and the construction of your family, it is a good idea to create a will so that you can determine what should happen to your belongings and assets when you pass away.

If you have previously created a will, we still recommend that you review the will regularly to ensure that it still aligns with your wishes.

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What is a will?

A will is a legal document where you can determine who should inherit from you or under what circumstances your inheritance should be passed on.

If you do not have a will, your belongings and assets will be distributed according to Danish inheritance law, which may not necessarily align with your wishes. By creating a will, you can ensure that your belongings and values ​​go to the people and/or charitable organizations you specifically desire.

We recommend contacting an attorney to ensure that the will is well drafted with the correct phrasing and considers your wishes, interests and options. An attorney can also help advise on the estate, the taxation of inheritance tax and other legal questions related to inheritance and wills.

Who can I include in my will?

You can determine what happens to the portion of the inheritance that is not forced heirship.

  • 25% is forced heirship. It automatically goes to your heirs (your children or their descendants) and your spouse, if you are married. The inheritance law regulates how this part of your inheritance should be distributed, and that part cannot be changed.
  • 75% of the inheritance can be freely distributed to those you wish to include in the will.

If you have no forced heirs, you can freely determine the entire inheritance in the will.

What does a will involve?

Your will can include more than just the distribution of your inheritance. You can, among other things, specify the following:

  • Whether the inheritance should be separate property for the heirs. Read more here.

  • Whether the inheritance should be restricted. Read more here.

  • If you have specific wishes regarding your digital inheritance. Read more here.

  • What should happen to the will if you and your partner divorce, separate or split up. Read more here.

  • Whether the will should be amendable or revocable. Read more here.
  • Whether the inheritance should be separate property for the heirs. Read more here.

  • Whether the inheritance should be restricted. Read more here.

  • If you have specific wishes regarding your digital inheritance. Read more here.

  • What should happen to the will if you and your partner divorce, separate or split up. Read more here.

  • Whether the will should be amendable or revocable. Read more here.
Hjælp til oprettelse af testamente advokat København Amager
Hjælp til oprettelse af testamente advokat København Amager

When is the will valid?

For a will to be legally valid, it must meet certain formal requirements. You must be at least 18 years old and capable of acting rationally when the will is created. Furthermore, the will must be written and signed:

  • You can sign the will in front of a notary. The notary is employed by a court (district court) and must certify that you are the one signing the will and that you are aware of its content.
  • You can sign the will in front of two impartial witnesses who can confirm that you are aware of the content. The witnesses must not have any financial interests in the content of the will.
  • In very special cases, you can create an emergency will. This is only relevant if you are in a situation where you are in imminent danger of losing your life.

We recommend that you create a notarial will because the court files a copy at the Central Register of Wills. This is the most secure way to make sure that will is brought to light upon your death and used as the basis for the distribution of your inheritance. If you choose to create a will with only witnesses instead, you will store the only copy yourself and risk that nobody might find it upon your death.

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Contact a Specialist

At Assecca Advokater, we have many years of experience in drafting wills. If you wish to create a will or have questions about the process itself, you are very welcome to contact us to ensure a straightforward distribution of the inheritance.