Estonian Heritage Law provides for a (reserved) compulsory portion.

 

If an alien's heritage is governed by EIL, EIL regulates the compulsory (reserved) portion. If the late person has not made a testament (or an estate contract), the mandatory part regulation does not apply and the estate is inherited only by intestate successors. directory

Under existing EILs, the descendant, ascendant or spouse who is eligible to successive intestate or who has reduced a relative or spouse's share of the estate by will (or succession contract) in comparison to their entitled share by intestate succession is legally entitled to claim a compulsory portion, according to the current EILs.

The new EIL is essentially the same, effective 1 January 2009, but it includes another regulation. If a testator by choice (or inheritance contract) disinherits a descendant or parent to whom he/she has maintenance duties as a matter of family law, or if the testator reduces the share of his/her estate (compared to the share of an intestate estate), then the descendant, parent or spouse have the legally binding right to claim a portion.

The compulsory share is one-half of the shares inherited by the relative or spouse through intestate succession (assuming all other intestate successors accepted their shares).

Tentative heritages and gifts made to other persons by the testator for the purposes of reducing the compulsory portion up to 3 years before his/her death are considered as part of the inheritable estate. Testator debts and burial expenses, valuation and property inventory costs and one-month maintenance expenses are not deemed to be incurred in the estate for individuals financially supported by the testator.

In the first instance, the current EIL indicates that a successor inherits property in line with the testator's testamentary intent. If this is less than the mandatory portion, the missing share of another portion of the estate must be collected. If the estate is less than the obligatory portion, the inheritor of the obligatory portion has the right to demand the return of donations to the beneficiaries, beginning with the latest gift prior to the testator's death. If donations are made simultaneously, the recipient is liable to the recipient of the obligatory portion in proportion to the size of the donation. The limitation period for the claim against a gift recipient is one year after the date on which the recipient accepts the succession.

The new EIL includes additional regulations. The tester may disinherit a compulsory section of a person who commits a criminal offense against the testator, his or her spouse, ascendant, or descendant by will (or succession contract). In that case, the testator must explain why the compulsory part is disinherited. A court may declare the disinheritance of a compulsory portion invalid upon request by the successor of a mandatory portion if the testator fails to provide a reason for the disinheritance or the reason is not consistent with the provisions of governing law.

A successor who is disinherited from the compulsory portion must transfer shares, unless otherwise stated by the testator, to the intestate successors on the same basis as if it was not alive at the time of opening the succession.