Inheritance Laws in Greenland (Denmark)
Inheritance Laws in Greenland are based on Danish inheritance law, as Greenland is an autonomous territory within the Kingdom of Denmark. Therefore, the inheritance system in Greenland is largely governed by the Danish Inheritance Act (Arveloven), which applies to both mainland Denmark and its territories, including Greenland.
1. Testate Succession (Inheritance According to a Will)
In Greenland, individuals have the freedom to create a will (called "testamente" in Danish) to specify how their estate should be distributed after death. The Danish Inheritance Act allows people to draft their will to reflect their personal wishes. However, there are restrictions based on forced heirship laws, which ensure that certain family members are entitled to a portion of the estate.
Requirements for a Valid Will:
- The will must be written and signed by the testator.
- Witnesses: The testator must sign the will in the presence of two witnesses who also sign the will in the testator’s presence. The witnesses should not be beneficiaries of the will.
- Mental Capacity: The testator must have the mental capacity to understand the consequences of making the will.
Types of Wills:
- Holographic Will: A will written entirely by the testator and signed by them. It does not require witnesses.
- Notarial Will: A will executed before a notary public, which is usually considered more secure and formal.
- Public Will: A will made in the presence of a notary, ensuring it is officially registered and validated.
2. Intestate Succession (Inheritance Without a Will)
If a person dies intestate (without a will), the estate is distributed according to the Danish Inheritance Act, which applies to Greenland as well. The law defines a clear order of inheritance, prioritizing close family members.
Order of Priority for Intestate Succession:
Spouse and Children:
- The surviving spouse and children inherit the estate together.
- The estate is split into two parts:
- One part goes to the surviving spouse.
- The other part is divided equally among the children. If there is only one child, they will inherit the second part entirely.
If No Children or Spouse:
- If there is no spouse or children, the estate will go to the parents of the deceased, or if they are deceased, it passes to the siblings.
- If there are no direct descendants or siblings, the estate may go to more distant relatives, such as aunts and uncles, or even cousins.
The State:
- If no relatives can be identified, the estate passes to the state.
3. Forced Heirship Rules (Legitime)
Greenland, like the rest of Denmark, follows forced heirship rules to protect the inheritance rights of close family members, particularly the spouse and children. These rules ensure that certain family members cannot be entirely disinherited.
Who are Forced Heirs?
- Children: Children are entitled to a forced share (known as the legitime) of the estate, even if they are excluded from the will. The forced share is typically half of what they would receive under intestate succession rules.
- Spouse: The surviving spouse is entitled to a forced share of the estate as well. The spouse's forced share depends on whether there are children:
- If there are children, the spouse receives one-quarter of the estate.
- If there are no children, the spouse inherits half of the estate.
The remaining estate can be freely disposed of in a will, but the forced heirs (children and spouse) must receive their legally entitled share, regardless of the testator's wishes.
4. Inheritance Rights of Spouses
The surviving spouse has specific rights under the inheritance laws of Greenland, especially when it comes to the share of the estate.
- With Children: The surviving spouse receives one-quarter of the estate if there are children. The remaining three-quarters are divided among the children.
- Without Children: If there are no children, the spouse inherits half of the estate. The other half is divided among the deceased's parents or siblings.
5. Inheritance Rights of Children
Children are considered forced heirs under Danish law, which applies to Greenland as well. Children inherit a portion of the estate, even if the deceased person tried to disinherit them through a will.
- The children inherit equally. If there are multiple children, they share the estate equally after the spouse's share is taken out.
- Adopted children have the same inheritance rights as biological children.
If a child has been disinherited by the testator (through a will), they are still entitled to claim their forced share (legitime).
6. Inheritance Tax
Greenland does not impose inheritance tax on the transfer of assets after death. This is in contrast to many other countries, where inheritance tax can be a significant consideration for heirs. However, there may still be administrative fees for processing the estate, such as probate fees or notary fees.
7. Probate and Estate Administration
After death, the probate process in Greenland involves validating the will (if one exists) and appointing an administrator or executor (as designated in the will). If no will exists, the court appoints an administrator to handle the estate.
- If the estate is complicated, it may require the involvement of a lawyer or notary public to ensure proper distribution and the resolution of any potential disputes.
- In intestate cases, the estate is divided according to the rules of the Danish Inheritance Act.
8. Disputes Over Inheritance
Disputes over inheritance can arise in Greenland if there are disagreements about the validity of a will, or if heirs believe that they have not received their due share of the estate. Disputes can be settled by the courts in Greenland, and if forced heirship rights have been violated, heirs have the right to contest the will and claim their forced share.
9. International Considerations
As an autonomous territory of Denmark, Greenland follows the same inheritance laws as Denmark. For individuals who have assets in multiple countries, including Greenland, it’s important to know how different national laws may affect the distribution of the estate.
Greenland follows the European Union Succession Regulation (for EU citizens), allowing individuals to choose which country’s laws will govern their inheritance. However, non-EU citizens must comply with Greenland’s laws as they pertain to inheritance in the territory.
Conclusion
Inheritance laws in Greenland are closely aligned with Danish inheritance law. The laws provide for both testate and intestate succession, with a strong emphasis on forced heirship, meaning that children and the surviving spouse cannot be completely disinherited. The estate is typically divided among the spouse and children, with no inheritance tax imposed on the estate. While individuals can freely make a will, they cannot ignore the legitime rights of their close family members. The probate process follows a standard procedure, and disputes over inheritance are resolved in court.
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