Compulsory share of an inheritance

Who is entitled to a compulsory share?

A descendant entitled to inherit by law, and the parents and spouse of the deceased, may claim a compulsory share if the deceased disinherited them by a will or succession contract or reduced their shares compared with intestate succession (PärS § 104 lg 1) [2]. The condition is that at the time of death the deceased had a valid maintenance obligation towards them under the Family Law Act (perekonnaseadus, PKS) (PärS § 104 lg 1) [2]. On the same conditions, a registered partner towards whom the deceased had a valid maintenance obligation at the time of death may also claim a compulsory share (PärS § 104 lg 1¹) [2].

Under the Family Law Act, the following are entitled to maintenance (PKS § 97) [4]:

• a minor child;
• a child who, as an adult, is acquiring basic, secondary or higher education or is in formal vocational education, but not beyond the age of 21;
• another descendant or ascendant in need of assistance who is unable to support themselves.

Adult first-degree ascendants and descendants are obliged to provide maintenance; second-degree ascendants (grandparents) are obliged to maintain their minor descendants (PKS § 96 lg 1 and 2) [5]. Spouses are mutually obliged to maintain the family with their work and property; a spouse living separately is not entitled to claim maintenance if they can support themselves or if they caused the separation by their own conduct (PKS § 16 lg 1 and 3) [6]. Being a relative or a spouse is therefore not enough on its own – in each case it must be checked whether the maintenance obligation existed at the time of death.

The parents and more remote descendants of the deceased may not claim a compulsory share if a descendant who would exclude them on intestate succession can claim a compulsory share or accepts what was bequeathed to them (PärS § 104 lg 2) [2].

How large is the compulsory share and how is it calculated?

The compulsory share is half of the value of the share of the estate the heir would have received on intestate succession if all statutory heirs had accepted the estate; persons who renounced succession by contract are not taken into account (PärS § 105 lg 1) [1]. The first step is therefore the statutory share: for example, the children of the deceased inherit in equal shares (PärS § 13 lg 5) [7], and a surviving spouse or registered partner inheriting alongside first-order heirs receives a share equal to a child's share, but not less than one quarter of the estate (PärS § 16 lg 1 p 1) [8].

The value is based on the property belonging to the estate as at the day the succession opens (PärS § 106 lg 1) [9]; the succession opens on the day of the deceased's death (PärS § 3 lg 2) [10]. The estate also includes advancements (eelpärand), the preferential share of a spouse or registered partner, and gifts the deceased made to other persons in the last three years before death in order to reduce the compulsory share (PärS § 106 lg 2) [9]. It does not include the funeral costs, the costs of drawing up the inventory and valuing the estate, or one month's maintenance costs of the persons the deceased maintained (PärS § 106 lg 3) [9].

If you were left a share smaller than the compulsory share, you may claim the missing part from the co-heirs (PärS § 105 lg 2) [1]. If you were given a legacy (annak), you have a compulsory share claim only if you renounce the legacy; if the legacy is worth less than the compulsory share, you may claim the difference (PärS § 105 lg 4) [1].

How do you claim a compulsory share?

The claim arises when the succession opens, and it can be inherited and transferred (PärS § 104 lg 4) [2]. The claim is for payment of money (PärS § 104 lg 5) [2] – the person entitled cannot demand a particular item, such as a flat. The claim is made against the heirs (PärS § 104 lg 1) [2]; an heir who accepted the estate must satisfy compulsory share claims (PärS § 133) [11].

The application to open succession proceedings also gives information about possible recipients of a compulsory share (PärS § 166 lg 3) [12]. On the notarially certified application of an heir, an executor or a person entitled to a compulsory share, the notary certifies a compulsory share certificate stating the recipient and the size of the compulsory share as a notional part of the estate (PärS § 173 lg 1 and 3) [13].

When does the claim expire?

The claim expires three years after the person entitled learns of the opening of the succession and of the disposition affecting their rights (PärS § 109 lg 1) [3]. Regardless of this, it expires ten years after the succession opened (PärS § 109 lg 2) [3].

If the deceased made a gift to a third party in order to harm a person entitled to a compulsory share, that person may, within one year of the opening of the succession, claim a top-up of the compulsory share (PärS § 106 lg 5) [9]. That claim is not satisfied if ten years have passed since the gift; for a gift to a spouse or registered partner, the period does not start before the marriage or registered partnership ends (PärS § 106 lg 6) [9].

What the law says

• „Sundosa on pool pärandiosa väärtusest, mille pärija oleks seadusjärgse pärimise korral saanud, kui pärandi oleksid vastu võtnud kõik seadusjärgsed pärijad.“ [1] (translation: the compulsory share is half of the value of the share of the estate the heir would have received on intestate succession if all statutory heirs had accepted the estate; PärS § 105 lg 1).
• „Sundosa nõue on suunatud raha maksmisele“ [2] (translation: the compulsory share claim is for payment of money; PärS § 104 lg 5) – the recipient has a money claim, not a share in the items of the estate.
• „Sundosa nõue aegub kolme aasta möödumisel hetkest, kui sundosa saamiseks õigustatu saab teada pärandi avanemisest ja tema õigusi mõjutavast käsutusest.“ [3] (translation: the claim expires three years after the person entitled learns of the opening of the succession and of the disposition affecting their rights; PärS § 109 lg 1).
• „Lepinguga võib loobuda ka õigusest sundosale.“ [14] (translation: the right to a compulsory share may also be waived by contract; PärS § 98 lg 2).

What to do

1. Check whether you are entitled: are you a descendant, parent, spouse or registered partner of the deceased, and did the deceased have a maintenance obligation towards you at the time of death (PärS § 104 lg 1 and 1¹; PKS § 97) [2] [4]?
2. Work out what your statutory share would have been and take half of it (PärS § 105 lg 1) [1].
3. Establish the value of the estate on the day of death, including gifts made in the last three years to reduce the compulsory share, and deduct the funeral costs and the other costs named in the Act (PärS § 106 lg 1–3) [9].
4. If a will gives you a legacy, decide whether to renounce it in order to claim the compulsory share (PärS § 105 lg 4) [1].
5. Present your money claim to the heirs (PärS § 104 lg 1 and 5) [2] and, if needed, submit a notarially certified application to a notary for a compulsory share certificate (PärS § 173 lg 1) [13].
6. Watch the deadlines: three years from when you learned, but no more than ten years from the opening of the succession (PärS § 109 lg 1 and 2) [3]; a top-up claim because of gifts within one year of the opening of the succession (PärS § 106 lg 5) [9].

Frequently asked questions

Does an adult child get a compulsory share?

Only if the deceased had a valid maintenance obligation towards them under the Family Law Act at the time of death (PärS § 104 lg 1) [2]. An adult child is entitled to maintenance, for example, while acquiring basic, secondary or higher education or in formal vocational education, but not beyond the age of 21, or if they are in need of assistance and unable to support themselves (PKS § 97) [4].

Can the deceased deprive someone of the compulsory share?

Yes, but only on a ground named in the Act: if the person committed a criminal offence against the deceased, the deceased's spouse, registered partner, descendant or ascendant, or another person especially close to the deceased, or intentionally and materially breached their statutory duty to maintain the deceased (PärS § 108 lg 1) [15]. The deceased must state the reason (PärS § 108 lg 1) [15]; the deprivation is invalid if the reason was not stated or does not meet the grounds set by law (PärS § 108 lg 2) [15].

Can I claim a flat or another item as my compulsory share?

No. The compulsory share claim is for payment of money (PärS § 104 lg 5) [2].

Can the compulsory share be waived?

Yes. The right to a compulsory share may be waived by contract, and a person who renounced their statutory right of succession by a contract with the deceased has no right to a compulsory share (PärS § 98 lg 1 and 2) [14].

Do lifetime gifts reduce the compulsory share?

In determining the compulsory share, gifts the deceased made to other persons in the last three years before death in order to reduce the compulsory share count as part of the estate (PärS § 106 lg 2) [9]. Because of a gift made to cause harm, a top-up of the compulsory share may be claimed within one year of the opening of the succession, but not if ten years have passed since the gift (PärS § 106 lg 5 and 6) [9].