Summary

The Riigikogu adopted a new version of the Succession Act on 17 January 2008 that will enter into force on 1 January 2009. The substantive amendments to the Succession Act were the subject of wider debate in society during the seven years in which the new law was drafted. As the bill was debated by three different compositions of the Riigikogu, the amendments were also approved by various government agencies three different times. It would be fair to say that everyone who has wanted to have a say in the matter has had the opportunity to do so.

Nevertheless, during the final reading before parliament, procedural provisions that had not been approved were added to the text. These relate primarily to the certificates that will be issued by notaries (sections 171–173 of the new Succession Act). While the amendments may at first seem unimportant, upon closer examination it becomes evident that they entail fundamental changes. These changes have not been debated by the legal community at large, nor did the parliamentarians address them during the debate of the bill in the Riigikogu. No one has examined whether or to what extent the current succession proceedings meet the expectations of the general public, nor in which direction procedural policy should develop.

In this article, the author examines the amendments added to the Succession Act during the final reading before the Riigikogu, focusing on the regulation of certificates issued to legatees and recipients of a compulsory portion, the community of the estate, and identification and sale of the estate. In addition, the author emphasizes the need to develop a vision of the role of the notary in succession proceedings as a whole.