A will without a lawyer: is it valid in Denmark?

Many Danes put off making a will because they think it requires an expensive visit to a lawyer. But the truth is that in Denmark you can make a valid will without a lawyer, provided you meet the formal requirements of the Inheritance Act.

In this guide, we review what a valid will requires, which types of will you can make, and when it can nonetheless pay to involve a lawyer.

What is a will?

A will is a legal document that decides what happens to your assets when you die. Without a will, your inheritance is divided under the Inheritance Act's rules of intestacy, that is by a fixed distribution that prioritises the spouse, children and other relatives in that order.

With a will, you can:

• Decide who inherits what
• Ensure that unmarried cohabitants inherit (they inherit nothing without a will)
• Benefit friends, charities or others
• Make an inheritance the separate property of your children
• Appoint an administrator to handle the estate

Who inherits when? The rules of intestacy

Without a will, the inheritance is divided under the Inheritance Act's three classes of heirs:

• 1st class: children (direct descendants) and their descendants
• 2nd class: parents and their children (siblings)
• 3rd class: grandparents and their children (uncles and aunts)

Your spouse has a separate position and inherits half of the estate if you leave children (section 9 of the Inheritance Act). Your children divide the other half equally.

Unmarried cohabitants inherit nothing under the law, regardless of how long you have lived together. It is one of the most important reasons to make a will.

Can you make a will without a lawyer?

Yes. There are two main types of will in Danish law, and both can be made without a lawyer.

1. Notarial will

A notarial will is made before a notary (a member of staff at the district court). It is the most secure form and does not require witnesses.

Procedure:

1. Write your will
2. Book a time with the notary at your local district court
3. Attend the notary, declare that it is your will, and the notary verifies your identity and your capacity to make the will
4. The notary registers the will in the Central Register of Wills

Price: The notary fee is a fixed court fee of DKK 300 for the notary's endorsement.

2. Witness will

A witness will does not require a notary but two witnesses. It allows you to make a valid will without a lawyer and without attending the district court.

The formal requirements are strict:

• The will must be signed or acknowledged by you in the simultaneous presence of the two witnesses
• Both witnesses must sign
• The witnesses must confirm that you are of sound mind
• The witnesses may not themselves inherit under the will or be closely related to the beneficiaries (section 64 of the Inheritance Act)
• The witnesses must be of legal age (at least 18)

A witness will should be stored securely and ideally registered in the Central Register of Wills.

Holographic will: is it valid?

A holographic will is handwritten and signed by the testator alone, without witnesses or a notary. In Denmark, holographic wills are as a rule not valid (apart from an emergency will in an acute emergency). You must have either a notary or two witnesses.

What should a will contain?

A well-crafted will should, among other things, state:

• Identification: your full name, date of birth and address, and the date of creation
• The heirs: who inherits what, stated with full names and dates of birth or civil registration numbers, and with shares in percentages or specific belongings
• Separate property: whether the inheritance to your children should be their separate property, so it is not included in a future marriage's division
• Legacies: specific items to particular people
• Administrator: who is to handle the estate
• Substitute heirs: what happens if an heir dies before you
• Cohabitant: a cohabitant can be named to inherit within the free share, that is the part you can freely dispose of

What can you not leave away?

The Inheritance Act protects your direct descendants and your spouse with a forced share. Your children (direct descendants) are entitled to a forced share that is 1/4 of their intestate share. When a spouse also inherits, the children's combined forced share is about 12.5% of the estate, and your spouse's forced share is protected accordingly.

This means that in many cases you can freely dispose of a large part of your assets, the so-called free share. The forced share goes to your direct descendants and your spouse regardless of the will's content.

Wills and cohabitants

Many Danes live in a cohabiting relationship without being married. A cohabitant has no inheritance right without a will. If you have children together, they inherit as direct descendants, but not your cohabitant.

To protect your cohabitant, you have two options:

1. Make a will that names the cohabitant as an heir
2. Marry, which gives an automatic inheritance right

If you meet the conditions, you can also make an extended cohabitants' will, which gives the cohabitant a position close to a spouse's.

When should you use a lawyer?

Even though a will without a lawyer is possible, there are situations where professional assistance is wise:

• Complex property circumstances, for example real property abroad or business interests
• Blended families, where you have children from previous relationships and a current partner
• Large assets with tax considerations, for example succession planning
• A sale or transfer of a business, where it must be specified who takes over
• Conflict-ridden family relationships, where you expect objections from heirs

For most people with ordinary financial circumstances, a notarial will is sufficient.

Digital assets in your will

As more Danes own cryptocurrency, digital subscriptions and online accounts, a new question arises: what happens to your digital assets when you die?

What are digital assets?

• Cryptocurrency (Bitcoin, Ethereum etc.), stored in wallets with private keys
• Online accounts (email, social media, cloud storage)
• Digital subscriptions and streaming services
• Domain names and websites
• Online businesses and e-commerce accounts

Particular challenges with crypto

Cryptocurrency effectively cannot be inherited unless the heirs know the private keys or seed phrase. Without them, the funds are permanently inaccessible. It is not enough to mention the crypto in the will, as you must also ensure that the heir can practically access the asset.

Recommendation: Create a separate, secured document with the access information for your digital assets. Store it securely (for example in a safe-deposit box), and state in the will where it is. Never write private keys into the will itself.

Social media and email

Platforms such as Google, Apple and Facebook have their own rules for accounts on death. Google offers, for example, an "Inactive Account Manager", and Facebook allows you to designate a "Legacy Contact". These settings supplement but do not replace your will.

Updating and revoking a will

A will is not something you make once and forget. Life changes, and your will should keep up.

When should you update it?

• A new child to be added as an heir
• Divorce. A will that one spouse has made in favour of the other is as a rule regarded as revoked on separation and divorce, unless special circumstances speak against it (section 67(2), cf. section 49, of the Inheritance Act). The same applies to a will between cohabitants on the end of the cohabitation
• Death, where an heir dies before you and no substitute heir is stated
• A new cohabitant you want to protect
• Major changes in assets such as buying or selling property or a business
• Moving abroad, which can affect which inheritance law applies

How to revoke a will

You revoke a will by making a new one that expressly cancels the old one, and following the same formal requirements as for the creation. The most recent valid will takes precedence. If you have registered a notarial will, it is not enough to destroy a copy, as the registration remains until it is changed.

What does it cost?

The typical costs are:

• The notary fee (court fee): DKK 300 for the notary's endorsement
• A lawyer to draw up the will: varies, often in the order of a few thousand kroner depending on the complexity
• Do-it-yourself with a template: cheap, but with a risk of formal defects if the requirements are not met precisely

Frequently asked questions

Is a will written at home valid?

Only if it is signed in the simultaneous presence of two witnesses (a witness will) or made before a notary. A purely handwritten document without witnesses is as a rule not valid in Denmark.

Can I change my will?

Yes. You can at any time make a new will that cancels the old one. The most recent dated will applies. Changes must meet the formal requirements, not just be noted in the existing document.

What happens if I die without a will?

Your inheritance is divided under the Inheritance Act's rules of intestacy. Your spouse and children inherit by a fixed distribution, and unmarried cohabitants inherit nothing.

Does my will have to be registered?

It is not mandatory but strongly recommended. A notarial will is registered automatically in the Central Register of Wills, so it can be found on death.

Who can be a witness to a witness will?

Two adults (at least 18) who do not themselves inherit under the will and are not closely related to the beneficiaries.

Can I leave my pensions by will?

Pension savings as a rule follow the rules of the pension scheme and not the Inheritance Act. You name beneficiaries directly with your pension provider.

Conclusion

A will without a lawyer is both possible and valid in Denmark, as long as the formal requirements are met. For most people, a notarial will is the easiest and most secure route to a valid will. If your situation is complex, with for example a blended family, a business or foreign property, you should have it reviewed by a lawyer specialising in inheritance law.

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