We receive inquiries here at the law firm almost daily from people with questions about inheritance and wills. Some of the inquiries are from unmarried cohabitants with minor children, a common house – but no will. We usually only have one answer for clients who in this case have not created a will – “You are raving mad!” – Let me explain why.
When you die, the law of inheritance comes into effect. The law determines how the deceased's property is to be distributed. If you are married, your spouse gets ¼, and the children share ¼. The remaining half is freely disposed of by will. If you have not made a will, your spouse inherits ½, and the children share the other ½.
If you are not married, your children inherit everything if you have not made a will. The law does not take into account unmarried cohabitants, regardless of how many years you have lived together. Cohabitants inherit noteach other, unless a will has been made.
The classic example that is always worth highlighting here, and which unfortunately happens regularly, is that the man in the above relationship dies, and their little 4-year-old daughter inherits her father. The girl therefore inherits half of the house that the family has lived in, as well as all cash that has belonged to the father, including half of the cash in joint accounts. The girl is not allowed to own half of the house, as the inheritance until the girl turns 18 must be deposited in cash in a trust. This means that the mother must buy the girl out of the house, or the house must be sold and the family moved. At the same time, there is a risk that the family will be in dire financial straits while the girl is growing up, while the girl has a pending inheritance of perhaps half a million, waiting for her on the day she turns 18. All because the couple did not make a will in time.
If you imagine that the same couple had no children and the husband died, then it would be the husband's parents who inherited half of the house. Here there would be no requirement to sell the house, but not everyone can own a house together with their ex-in-laws. Here the situation will also most often be that the woman must either buy the heirs out of the house, or the house must be sold.
All these problems could have been avoided quite simply if the couple had made a will. In fact, all couples and all parents should make a will, as it will be a huge help to both the survivors and the heirs that there is a will that provides the survivors with a better situation than what the inheritance law allows. A will can usually be drawn up and registered for less than DKK 5,000 including VAT.
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