Does a cohabiting partner inherit in Finland?
No — a cohabiting partner never inherits without a will. Finnish inheritance law doesn't recognise cohabitants: without a will the estate goes to children, parents or siblings, and the partner can be left empty-handed in the deceased's home. Duration changes nothing — even 30 years brings no inheritance right. The Cohabitation Act (a shared household of at least 5 years, or a common child) protects only at separation: property is separated by the name principle, and you can claim compensation for your contributions. For death the tools are a will, a life-insurance beneficiary designation, and joint ownership. And if a will is made, remember the tax — a partner pays the harsher class 2 inheritance tax.
📋 The rules
- Cohabitants have no statutory inheritance right — without a will, direct heirs or other relatives inherit, never partners.
- The Cohabitation Act applies after 5 years of shared household or with a common child (current or past).
- At separation each keeps property in their own name — the name principle governs.
- Compensation: contributions to the shared household (money, work, care) can ground a claim where the other would otherwise gain unjust enrichment.
- Inheritance tax on a testamentary gift to a partner falls in the harsher class 2 — unless a common child (or prior marriage) shifts treatment to class 1.
🔓 Exceptions
- A common child brings tax class 1 for testamentary gifts — and courts can grant discretionary assistance from the estate.
- Joint ownership (half the home each) protects most effectively in practice — your share doesn't pass to their heirs.
- The Cohabitation Act doesn't apply at all if the shared household lasted under 5 years and there is or was no common child.
⚠️ Penalties
There are no sanctions — but the price of not planning is brutal, and it falls exactly when you can least bear it. Without a will, a surviving partner may have to buy their own home from the deceased's heirs, or move out: the spousal right of occupancy covers married couples only. And once a will is in place, inheritance tax is levied in the harsher class 2 unless a common child or a prior marriage shifts treatment to class 1 — tax that can fall due on a home lived in for decades. A will plus beneficiary designations is cheap insurance against all of it.
📎 Sources
- Finlex · Act on Dissolution of Cohabiting Households 26/2011 →
- Finlex · Code of Inheritance 40/1965 →
- Tax Administration · Inheritance tax classes →
❓ Frequently asked questions
Does a partner of 20 years inherit anything?
Not without a will — the length of the relationship creates no inheritance right whatsoever. The only protections are a will, a life-insurance beneficiary designation, and owning the home together.
What is the Cohabitation Act's compensation?
A claim at separation, or against the estate, for contributions — money, renovations, care work — that enriched the other partner. Unjust enrichment gets compensated where the conditions are met.
Can the surviving partner stay in the shared home?
Only by owning a share of it, receiving it by will, or with the heirs' consent. The surviving spouse's right of occupancy doesn't extend to cohabitants — this catches most people out.
How is a testamentary gift to a partner taxed?
Under the harsher class 2, which is markedly heavier than class 1. The exception: if you have or have had a common child — or were previously married to each other — the lighter class 1 applies instead.
When does the Cohabitation Act apply at all?
When the shared household has lasted at least five years, or you have or have had a common child. Otherwise the act gives no protection even at separation, and no compensation can be claimed under it.
🔎 What people search
Searches that lead to this question.
- “cohabiting partner inheritance Finland”
- “cohabitation act compensation Finland”
- “surviving partner home rights”
- “inheritance tax partner will Finland”
- “cohabitation 5 year rule Finland”
- “partner inherit without will Finland”