Inheritance without a will: what happens to your estate in Denmark?

Most Danes have not made a will. Studies show that under a third of adult Danes have decided who is to inherit from them. That means that when they die, it is not they themselves but the Inheritance Act that decides who gets what.

The Inheritance Act sets a fixed order of succession, a statutory distribution key that takes over when there is no valid will. For many families the statutory inheritance works fine. For others, unmarried cohabitants, blended families, the childless or those with special wishes, the consequences can be dramatic.

In this guide we run through what inheritance without a will concretely means for your family, how the Inheritance Act distributes the estate, what a spouse and children are entitled to, and which situations call for a will.

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What happens to your estate if you die without a will?

When a person dies without having made a valid will, they are said to have died intestate, the Latin term for inheritance without a will.

In that situation the statutory order of succession automatically takes effect. The Inheritance Act (lov om arv, LOV no. 515 of 06/06/2007 with amendments) sets out precisely who inherits, in what order and in what shares.

There is no flexibility. It is not possible for the family to agree something else afterwards, the only instrument that changes the distribution is a valid will made before death.

It is important to understand: the statutory order of succession reflects what the legislators in 2007 considered to be the typical family's wishes. It does not necessarily match yours.

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The three classes of heirs: the Inheritance Act's distribution key

The Inheritance Act divides heirs into three classes based on kinship. Only heirs in the nearest class who are alive inherit. If there are heirs in the 1st class, the 2nd class inherits nothing, and so on.

1st class: spouse and direct descendants

The first and highest-priority class consists of:

• The spouse (or registered partner)
• Direct descendants: biological and adopted children, grandchildren, etc.

The distribution when the deceased leaves a spouse and children:

The spouse inherits half of the estate. The children share the remaining half equally.

Example: Lars dies and leaves his spouse Mette and two children, Sofie and Oliver. The estate is DKK 1,200,000. Mette inherits DKK 600,000. Sofie and Oliver inherit DKK 300,000 each.

The distribution when the deceased leaves only children (no spouse):

The children inherit the entire estate equally.

The distribution when the deceased leaves only a spouse (no children):

The spouse inherits the entire estate.

A child who died before the parent is not "skipped over", the child's own children (the deceased's grandchildren) step in and share the deceased parent's share.

2nd class: parents and siblings

If there are no heirs in the 1st class, the deceased has neither spouse, children nor grandchildren, the estate goes to the 2nd class:

• The deceased's parents inherit equally
• If one parent has died, the deceased's siblings step in and share the deceased parent's share equally

If the deceased has neither living parents nor siblings, the estate passes to the siblings' descendants (nephews and nieces).

3rd class: grandparents and aunts/uncles

If none of the above inherit, the estate goes to the 3rd class:

• Grandparents inherit equally
• If a grandparent has died, their children (the deceased's aunts and uncles) step in

Cousins and more distant relatives do not inherit. If there are no heirs in any of the three classes, the estate passes to the Danish state.

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The spouse's special right of inheritance

The spouse has a markedly stronger legal position than other heirs. In addition to the statutory share, the spouse has three special rights that are important to know.

Undivided estate (uskiftet bo)

If a deceased leaves a spouse and joint children (children of whom both are parents), the surviving spouse can retain the undivided estate. This means that the division of the estate is postponed, the spouse takes over the right to dispose of the whole joint estate and does not have to share the inheritance with the children right away.

The undivided estate ends when the spouse dies, remarries, or the children (or the spouse) demand a division.

The undivided estate is not automatic, the spouse must actively choose it and meet the conditions. Stepchildren (children from a previous relationship) cannot be kept in an undivided estate; they have the right to demand their inheritance immediately.

Supplementary inheritance (suppleringsarv)

The Inheritance Act § 11(2) gives the spouse the right to supplementary inheritance: the spouse can always take out of the estate enough that the spouse's total wealth (matrimonial and inheritance share plus full separate property) reaches a statutory minimum amount. The amount is regulated annually, so check the current figure. The supplementary inheritance takes precedence over the other heirs' inheritance.

The spouse's compulsory portion

The spouse also has a compulsory portion (tvangsarv): under the Inheritance Act § 10, a quarter of the spouse's inheritance share is compulsory. When there are direct descendants, the spouse inherits half the estate, and the compulsory portion is a quarter of that, that is, about an eighth of the whole estate. The spouse is thus protected, but to a lesser extent than the children's compulsory portion.

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Compulsory portion and free portion: what can you dispose of with a will?

The Inheritance Act distinguishes between two parts of the inheritance:

Compulsory portion (tvangsarv)

Direct descendants (your biological and adopted children and their descendants) are entitled to at least 25% of your total estate, no matter what you may wish. This part is called the compulsory portion.

It is not possible to will away the compulsory portion from the descendants. If you try, that part of the will is invalid, and the descendants can claim their compulsory portion.

The compulsory portion is 25% of the total estate, not 25% of each child's share. If you have three children, they share the 25% equally, that is, each child is entitled to about 8.3% of the total estate as a compulsory portion.

Free portion (friarv)

75% of your estate is the free portion, the part you can freely dispose of in a will. You can will the free portion to whoever you want: a cohabitant, a friend, a charity, one of your children over the others, or whoever you wish.

If you have no direct descendants, no children, grandchildren, etc., the whole estate is the free portion. You can will it all to whoever you want.

What about the spouse?

Your spouse has a compulsory portion (a quarter of the spouse's inheritance share, per the Inheritance Act § 10) and in addition strong protection through the supplementary-inheritance rules and the right to an undivided estate. If you want to secure your spouse more than the statutory half, it requires a will.

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Special situations: when does the statutory order of succession fail?

The statutory order of succession is designed for the "typical" nuclear family. If your situation deviates from the norm, the consequences may not be what you would wish.

Unmarried cohabitants: the legal blind spot

This is the single most important point in this guide:

An unmarried cohabitant inherits absolutely nothing under the law, no matter how long you have lived together, whether you have joint children, joint property or joint finances.

It is one of the most common and most painful surprises relatives experience. Couples who have lived together for 20 years find that everything passes to the deceased's parents or siblings, because there was no will.

The only solution is a will. A cohabitant can be given up to the free portion, up to 75% of the estate if there are joint children, or up to 100% if there are no direct descendants.

Read more about how you secure your cohabitant in our guide to a will for cohabitants.

Blended families and stepchildren

In families with children from previous relationships, special challenges arise:

• Stepchildren (the deceased's children with someone other than the current spouse) inherit under the law, but cannot be kept in an undivided estate with the current spouse
• The current spouse and stepchildren can have conflicting interests
• Without a will, the division can quickly lead to conflicts

With a will you can structure the inheritance so that both your current spouse and your stepchildren are reasonably placed, and you can reduce the risk of conflicts.

If you have minor children in a blended family, you should also read our guide to a children's will.

No children and no spouse

If you die without children and without a spouse, the estate ends up, perhaps against your will, with your parents, siblings, grandparents or, in the last resort, the state.

If you instead want to benefit a friend, a cohabitant, a niece, a charity or another purpose, a will is the only instrument.

An estate with special assets

If you have a business, real property, investments or other special assets, the statutory order of succession can create practical problems. A business, for example, cannot easily be divided into shares for three siblings. A will gives you the ability to specify who takes over what.

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How to secure your loved ones: make a will

A will is the only instrument that changes the statutory order of succession. Here is the practical procedure:

Step 1: Clarify your wishes

Consider:

• Who do you want to inherit from you?
• Should the inheritance be divided equally, or do you want to favour particular heirs?
• Do you want to secure a cohabitant or others without a legal right of inheritance?
• Should inheritance to children be made separate property?
• Who should administer the estate (executor)?

Step 2: Use a will template

LegalDock's will template guides you through all the legally necessary elements: distribution of inheritance, separate property, executor and cohabitant protection. It typically takes 15-30 minutes to fill in.

You can also consult a lawyer if your circumstances are complex, see our comparison in the guide on making a will without a lawyer.

Step 3: Choose a signing method

There are two valid ways to make a will in Denmark:

Notarial will (recommended):

• Sign before a notary at the district court
• The notary confirms your identity and capacity
• The will is automatically registered in the Central Register of Wills
• Typically costs DKK 300-500 in a notary fee

Witnessed will:

• Sign before two witnesses at the same time
• The witnesses must themselves sign in your presence
• The witnesses must not inherit and must be over 18
• You are yourself responsible for storage and any registration

A purely handwritten document without witnesses or a notary is not valid as a will in Denmark.

Step 4: Register in the Central Register of Wills

Registration is not mandatory, but strongly recommended. Estate administrators and probate courts always check the register on death, if the will is not registered, you risk that it is not found.

Step 5: Store and update

Keep a copy safely and tell at least one trusted person that the will exists and where it is. Update the will on major life changes: a new child, divorce, a new partner, major changes in wealth.

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What does it cost to make a will?

Solution	Approximate price
Lawyer (complete will)	DKK 3,000-8,000
LegalDock + notary fee	Approx. DKK 500-800 in total
Witnessed will via LegalDock	From DKK 199

The price of letting the law decide, and experiencing the inheritance ending up in the wrong place, can be far higher.

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Frequently asked questions about inheritance without a will

What does my spouse inherit if we have joint children?

Your spouse inherits half of the estate. Your children share the other half equally. The spouse can moreover choose to retain the undivided estate, so that the division with the children is postponed until the spouse themselves dies.

What does my cohabitant inherit without a will?

Nothing. An unmarried cohabitant has no right of inheritance under Danish law, no matter how long you have lived together. A will is the only way to secure your cohabitant.

Can my siblings inherit if I have children?

No. Your children are in the 1st class and completely exclude your siblings, who are in the 2nd class. Siblings only inherit if you have neither spouse, children nor grandchildren.

What is the compulsory portion, and can it be changed?

The compulsory portion is the share of the inheritance that your direct descendants (children and grandchildren) are always entitled to, 25% of the total estate. It cannot be willed away. The remaining 75% (the free portion) you can freely distribute in a will.

What happens if no one inherits from me?

If you have no relatives within the three classes, and you have not made a will, the estate passes to the Danish state. It is the same as no one inheriting from you, and is a strong motivation to make a will in favour of purposes or people you care about.

Can I inherit my unmarried cohabitant's child, who is not mine?

No, not automatically. A child from your cohabitant's previous relationship has no inheritance connection to you. If you want to inherit them or let them inherit you, it requires a will from both sides.

Do the Danish inheritance rules apply if I own property abroad?

It depends on the rules of the country in question. The EU Succession Regulation as a rule provides that the law of the country you were resident in at the time of death applies to the whole estate, but real property can be subject to the rules of the country where the property is located. If you have wealth abroad, you should seek specific legal advice.

Is a will from another country valid in Denmark?

A foreign will can in certain cases be recognised in Denmark, but it depends on whether it meets the formal requirements of the testator's country of residence and any international agreements. Read more about international inheritance matters at the probate court.

When should I update my will?

Update your will on: a new child (must be added explicitly), divorce (a will is not automatically revoked on divorce), a new cohabitant you want to secure, an heir dies, or you experience major changes in wealth such as buying a home or a business.

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Conclusion: do not let the law choose for you

The statutory order of succession is designed to fit as many situations as possible, but it does not fit everyone. Unmarried cohabitants, blended families, the childless and everyone with specific wishes about who is to inherit from them need a will.

A will is not a document reserved for the wealthy or the elderly. It is a practical expression of care for the people you leave behind, and for the purposes you care about.

With LegalDock you can make a legally valid will online in under an hour.

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Related articles:

• Making a will without a lawyer: is it valid in Denmark?
• Children's will: secure your children's future legally
• A will for cohabitants
• Deed of gift: passing on inheritance while you live

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The content of this article is for guidance only and does not constitute legal advice. Inheritance law can be complex, consult a lawyer for advice on your specific situation.