Will

A will is a legal document that allows you to determine how your estate is to be distributed when you pass away. Many people believe that the inheritance law automatically ensures a fair distribution, but in practice the rules may result in a different distribution than you might expect or wish.

By making a will, you can take control over who inherits your assets and how your estate is distributed.

In a will, you can also decide that your inheritance is to be separate property. This means that your heirs are not required to share the inheritance with their spouses in the event of a later divorce.

Whether you wish to provide for a spouse, cohabiting partner, children, charitable organisations or others, a will ensures that your wishes are respected. It can also be a way to avoid disputes between heirs and create security for your surviving relatives.

As wills lawyers, we can advise you on your options and ensure that the will is legally valid and tailored to your specific situation.

Why should you make a will?

You should make a will if you wish to have influence over how your estate is to be distributed upon your death. If you have not made a will, your estate will be distributed according to the rules of the Inheritance Act (Arveloven). If, on the other hand, you make a will, you can decide yourself what should happen to your assets when you die.

In the following cases, it is particularly relevant to make a will:

• You wish to make your inheritance separate property for your heirs. This means that your inheritance will not be shared with your heirs’ spouses in the event of a later divorce.
• You wish to provide for your spouse as much as possible. This is particularly relevant if you have children – regardless of whether the children are adults or minors. In the case of minor children, it is especially important, as inheritance to minors is typically locked in an account until the child turns 18.
• You are not married to your cohabiting partner. Unmarried cohabiting partners do not inherit each other without a will – this applies regardless of whether you have lived together for 30 years and have children together.
• You are married in a blended family with children from previous relationships. In a will, you can ensure that the inheritance to the children is distributed fairly.
• You have specific wishes regarding who should inherit your property or other assets. It may also be that you have wishes for part of the inheritance to go towards grave maintenance, or that your grandchildren should receive certain monetary amounts.
• You wish to benefit a charitable organisation or a friend.
• You have neither a spouse, children, nor siblings. In this case, your heirs may save inheritance tax by creating a so-called 30/70 will.
• You want a different distribution than what follows from the law. Perhaps you have two children but only have contact with one of them. Perhaps you wish to benefit your cousin, your neighbour, or someone else entirely. There can be many wishes regarding the distribution of inheritance.

At the meeting, we can discuss what makes sense for you. A non-binding meeting means that if you – after the meeting – do not wish to proceed with our assistance, you will not have to pay for the meeting.

Call KROMANN Law Firm on tel. +45 8618 1102 to arrange a meeting.

What does a will contain?

A will typically contains:

• Distribution of inheritance – who is to inherit your assets, and how they are to be distributed.
• Separate property for inheritance – provisions stating that the inheritance is not to be shared with the heir’s spouse in the event of divorce.
• Specific wishes regarding inheritance – for example who is to inherit particular items, real estate, or assets.
• Conditions for inheritance – for example, you may decide that the inheritance is only to be paid out when the heir reaches a certain age.

As lawyers specialising in wills, we can help ensure that all necessary considerations are taken into account so that your wishes are carried out correctly.

We can also assist you in preparing a lasting power of attorney, if desired. A lasting power of attorney is a separate document that takes effect if you later become ill or incapacitated and are no longer able to manage your own affairs.

How do you make a will?

When you wish to make a will, there are some basic steps you should follow:

• Consider your wishes – Who should inherit from you? Should the inheritance be distributed equally, or should some inherit more than others?
• Consult a lawyer – A lawyer with experience in wills can advise you on the legal aspects and ensure that your wishes can be lawfully carried out.
• Drafting the will – The lawyer helps formulate the document so that it is clear and legally binding.
• Signing and registration – The will must be signed before a notary. We assist you in booking an appointment for this.
• Storage – The will will be registered in the Central Register of Wills, so it can always be located when it becomes relevant.

If you need a lawyer to guide you through the process, we are ready to assist you in ensuring that your wishes are carried out correctly.

Who should make a will?

Although a will is relevant for everyone, there are certain situations where it is especially important to ensure a clear distribution of inheritance. If you fall into one of the following groups, you should strongly consider making a will:

• Single persons without a spouse or children – Without a will, your estate will pass to your closest relatives, typically your parents or siblings. If you wish your estate to go to a specific person or a charitable organisation, a will is required.
• Married persons or single persons with children – If you wish to ensure that your children receive their inheritance as separate property, so it is not shared with a spouse in the event of divorce, this can be stipulated in a will.
• Unmarried cohabitants – Unmarried cohabitants do not automatically inherit each other unless a will has been made. If you wish to secure your partner financially after your death, a will is necessary.
• Blended families – If you have children from previous relationships and wish to provide for both your current partner and your own children in a specific way, you should make a will to avoid disputes.
• Persons with specific wishes regarding the distribution of inheritance – If you have particular wishes about how your assets should be distributed, a will ensures that your wishes are respected.

In addition to determining who inherits your money and belongings, a will can also specify who is to receive specific valuable items, such as real estate, cars, or personal belongings.

Which type of will suits your situation?

To ensure that your will fits your personal situation, there are different options that can be tailored to your needs.

A mutual will is an obvious solution for married couples. As spouses, you only need to prepare one will.

For unmarried cohabitants, an extended cohabitation will is very relevant, as it allows inheritance on almost the same terms as married couples. Without a will, cohabitants do not have any automatic inheritance rights, regardless of how long they have lived together.

If you are single, a will for single persons can ensure that your estate is distributed according to your wishes instead of following the general rules of the Inheritance Act. This may be relevant if you wish to benefit specific individuals or organisations, or if you wish to make the inheritance separate property.

Can you make changes to your will?

Yes, a will can always be changed or revoked, as long as you are capable of making decisions on your own behalf and have not made the will irrevocable. Many people choose to update their will in connection with major life changes, such as:

• Marriage or divorce
• Birth of children or grandchildren
• Changes in financial circumstances
• Deaths in the family

Amending a will requires either making an addendum (a so-called codicil) or drafting an entirely new will. A lawyer can help you assess which solution is best in your situation. If you need to make changes to your will, we can guide you through the process.

Distribution of inheritance

With a will, you can distribute your estate very differently from what the inheritance law provides, and this can have significant financial implications for your heirs. Therefore, a will must be made without coercion and while you are mentally competent. To ensure this, the will must be signed in the presence of and witnessed by a notary at the court.

Non-binding meeting

At KROMANN Law Firm, you can receive advice from a lawyer with extensive experience in wills, ensuring that you make the right decisions. We offer a non-binding meeting, which means that if you – after the meeting – do not wish to proceed with our assistance in drafting the documents, you will not be charged for the meeting.

The meeting can be held by telephone or in person at our office in Aarhus C.

Call +45 8618 1102 to book a non-binding meeting with KROMANN Law Firm. Meetings can also be arranged at your home for an additional travel fee.

What does a will cost?

When you receive assistance from a wills lawyer, you ensure that your will is legally correct and takes all your wishes and needs into account. At KROMANN Law Firm, we offer a fixed price starting from DKK 6,800 incl. VAT. In addition, there is a state fee of DKK 300. The price includes a meeting with a lawyer or assistant lawyer who can advise you on your options.

We reserve the right to charge for additional work in exceptional cases.

Central Register of Wills

If your will is signed before a notary, it will be stored in the Central Register of Wills. This ensures that the will can be located when you pass away.

Why should you seek legal assistance for your will?

Making a will may seem like a simple task, but there are many legal pitfalls that can lead to misunderstandings, invalidity, or unintended consequences for your heirs. A lawyer specialising in inheritance law ensures that your will is legally binding and in accordance with applicable law.

One of the main advantages of legal assistance is that a lawyer can advise you on how best to protect your heirs and ensure that your estate is distributed exactly as intended.

Finally, a lawyer can help you choose the right type of will and ensure that it is properly stored, so it is not lost or challenged after your death. With legal assistance, you avoid mistakes that could potentially make your will invalid or create unforeseen consequences for your survivors.

Contact us today

If you are considering making a will, please contact us on +45 8618 1102 or by email at kontakt@advokatkromann.dk for a non-binding discussion about your wishes.

You can read more about different types of wills below.

Frequently asked questions about wills

Can you make a will yourself?

Yes, it is possible to make a will without legal assistance, but it involves a risk of errors that may render the will invalid or lead to misunderstandings. A will must comply with a number of legal formal requirements. To ensure that your will is legally binding and cannot be challenged, it is recommended to seek assistance from a lawyer.

How long does it take to make a will?

The time required to make a will depends on the complexity of your wishes. A simple will can be prepared quickly, while more comprehensive wills may take longer. With a lawyer, the process can often be completed shortly after the initial consultation.

Can you revoke or cancel a will?

Yes, you can always change or revoke your will, as long as you are mentally capable of making decisions and the will has not been made irrevocable. This can be done by making a new will that replaces the previous one, or by creating an addendum (codicil).

What happens if I do not make a will?

If you do not make a will, your estate will be distributed according to the standard rules of the Inheritance Act. This means, among other things, that:

• Spouses and children inherit according to fixed rules of distribution.
• Cohabiting partners do not inherit each other unless they have made a will.
• Single persons without children have their estate distributed to their closest relatives, typically parents or siblings.
• If there are no heirs, the estate passes to the state.

By making a will, you ensure that your assets are distributed according to your own wishes rather than the default rules of inheritance law.

What is free inheritance?

Free inheritance is the part of your estate that you are free to dispose of in your will. Under inheritance law, your forced heirs – spouse and children – are entitled to forced heirship, which amounts to 25% of your total estate. The remaining 75% is free inheritance, which you may distribute according to your own wishes.

If you wish to benefit a charitable organisation, a cohabiting partner, or others beyond your forced heirs, you can do so through the free portion of the estate in a will. Without a will, the entire estate will be distributed according to the standard rules of inheritance law.

If you do not have a spouse or children, you are free to dispose of 100% of your estate in a will, as there is no forced heirship in that case.