Ministry of Justice sends the new draft Succession Act to other ministries for approval
20. June 05
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In the draft Succession Act which was sent to other ministries for approval the main amendment was the transition from the estate acceptance system to the estate surrender system. The draft act also improves the methods of keeping the estate and specifies the succession proceedings conducted by a notary public in greater detail.
According to current legislation, the estate must be accepted in order to inherit it: a notary public publishes a succession notice and thereafter the successor must submit to the notary public a succession application within a certain period. If a successor does not read succession notices and others do not mention that the successor exists and the successor fails to submit a succession application, the successor will be deemed as having surrendered the estate. However, in the new draft act it will be proceeded from the assumption that the successor usually wants to accept the estate and unless he or she expresses otherwise, the estate will be deemed as having transferred to the successor automatically. Such an amendment is important because it excludes possible abuses of the situation by successors.
"The new Succession Act is another step toward making the Estonian legal system more European and modern," noted Mr. Rein Lang, the Minister of Justice. "Succession will become simpler for people. The amendment regarding acceptance of the estate is the best example in this respect."
Another important amendment is that the draft act establishes clearer, more effective and solid methods of keeping the estate, which is relevant both for successors as well as the bequeather. The improved keeping methods prevent a situation where the estate is spent by a successor. Also, until the formalisation of the succession the debtors will have it more difficult to collect their claims, because such claims must be addressed to the successors.
Furthermore, the draft act eliminates the inconsistencies arising from the fact that a number of important private law acts, notably the Law of Succession Act and the General Part of the Civil Code Act, have entered into force after the entry into force of the current Succession Act.
After the approval of the draft Succession Act it will be presented to the Government of the Republic and thereafter to the Riigikogu.
Kristi Künnapas Public Relations Division Ministry of Justice Phone 6 208 118 Mobile phone 56 215672
