Am I allowed to leave everything I own in my will in Denmark?
No — you cannot will away everything if you have children or a spouse. Under the Inheritance Act, children and spouse are forced heirs, and the forced share is 25% of the estate. You can freely dispose of the remaining 75% in a will. A valid will normally needs a notary at the district court or two witnesses. The spouse pays no estate duty, while children and close family pay 15% estate duty on inheritance over 392,300 kr (2026). More distant heirs pay a further 25% on top. If you have neither children nor a spouse, you can dispose of the whole estate.
📋 The rules
- Children and spouse are forced heirs
- The forced share is 25% of the estate
- You can freely dispose of the remaining 75%
- A will needs a notary or two witnesses
- Estate duty: 15% over 392,300 kr, spouse 0%
🔓 Exceptions
- If you have neither children nor a spouse, you can dispose of the whole estate
- Charitable organisations are exempt from estate duty
- A surviving spouse can keep the estate undivided with common children
⚠️ Penalties & fines
A will that breaches the forced share is invalid in that part. Estate duty is collected by the probate court and the tax authority from the estate.
📎 Official sources
- Borger.dk · Inheritance rules and duties →
- Inheritance Act · Retsinformation →
- Skat.dk · Estate duty →
❓ Frequently asked
Can I leave everything I own?
No. Children and spouse have a forced share of 25%, so you can freely dispose of 75% in a will.
How big is the forced share?
25% of the estate, divided between spouse and children per the statutory shares.
How do I write a valid will?
Normally with a notary at the district court or with two witnesses who meet the legal requirements.
How much is the estate duty?
15% on inheritance over 392,300 kr in 2026 for children and close family. The spouse pays no estate duty.
What if I have no children?
If you have neither children nor a spouse, there is no forced share, and you can dispose of the whole estate.
🔎 Common searches
What people search to land here:
- “can I will away everything denmark”
- “forced share 25 percent”
- “will notary witnesses”
- “estate duty 15 percent”
- “estate duty 392300 kr”
- “spouse inheritance duty”