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Annia takes care of all the necessary documents with professionalism. See below for more information on different documents.
This is a service where you can review your documents with a lawyer, such as a will, power of attorney, prenuptial agreement, or property purchase agreement. This way, you also receive tips on the content that you might not have thought of yourself.
How do you want your affairs to be managed if you are unable to do so yourself?
If due to illness or decreased functional capacity you are unable to manage your own affairs, do you want a close relative or a familiar person to do so, or would you prefer an administrator appointed by the Digital and Population Data Services Agency (DVV)? Who can best represent your interests? Who possesses the necessary information about your matters? Is this something you want to decide for yourself while you still can? When drafting a continuing power of attorney, a lawyer can personally go through the matters you want to determine in the authorization.
Lack of a Continuing Power of Attorney
In the absence of an authorization, the affairs will be managed by an administrator appointed by the Digital and Population Data Services Agency. In a continuing power of attorney, you can decide on the person or persons who will manage your affairs. Before making the authorization, it's worth considering the individuals you would like to handle your affairs if you are unable to.
It's a good idea to appoint one attorney and at least one alternate attorney. You can define their tasks, for example, by having one handle your personal matters and the other your possible business activities. Discuss with them and ensure that they are willing to take action if needed.
A continuing power of attorney comes into effect only when necessary for managing your affairs. It can also be amended while you still have the capacity. In the authorization, you can determine matters related to property and who has the right to receive information about health and property usage. The person appointed as the attorney can also be obligated to provide information to other close relatives. Therefore, the continuing power of attorney can be quite freely defined to outline how matters and property should be managed if the grantor is unable to do so. Of course, primarily, the assets are used for the grantor's own living and well-being. Daily life-related wishes can also be documented in the authorization.
A marital agreement is sensible to create when life is harmonious. During such times, both spouses often consider their mutual best interests. If the spouses have children together, it is also in their best interest that, in the event of a divorce, parents come to an agreement rather than engage in conflict. A marital agreement can define the financial situation that both parties wish to establish in the event of separation. Careful consideration should be given to a marital agreement, as it also affects taxes, both in the case of divorce and in the event of death. A marital agreement can be drafted with the assistance of a lawyer and must be registered with the Digital and Population Data Services Agency. After this, both spouses can navigate the waters of marriage with a sense of security.
People take out insurance for their homes in case they are destroyed by fire. Insurance is not taken out on the assumption that the house will burn down at some point. Why shouldn't a marital agreement be considered as insurance for one's assets? When buying a home, one prepares for the worst with insurance. Similarly, when entering into marriage, a marital agreement prepares for the worst-case scenario. In both cases, if the worst were to happen, there is a safety net in place. This way, the aftermath of an unfortunate event does not exacerbate the distress caused by the event itself.
Have you ever thought about what will happen to your property when you pass away? A will is a document that takes effect only after the maker's death. Death is one of those things we don't want to think about, and we often avoid making plans or arrangements for it in advance. However, it is an event that everyone will face, often without warning. It's prudent to prepare for the worst, even though it might be easier to avoid thinking about it altogether.
The most important thing is that you get to influence how your property will be distributed after you're gone. Making a will is advisable while you're still capable of making decisions for yourself. This way, you can decide who gets what of your property. With the guidance of a lawyer, you can ensure that the content of the will reflects your wishes and meets the legal requirements. The right kind of will can also positively impact inheritance tax for the beneficiaries. A properly made and properly stored will ensures the best implementation of the deceased's last wishes.
During your lifetime, you can change your will as many times as you want. Legal regulations define a certain inheritance right for direct descendants that should not be restricted by a will. Otherwise, you are free to determine the distribution of your property. However, dividing the property equally among siblings can reduce inheritance disputes later on.
Advance inheritance can be a good option for distributing property before death. Not every child needs to receive all types of property. For instance, if one child continues a business, other children could be compensated with a monetary amount. To avoid ambiguities and future disputes, previous wills should always be revoked with a new one. A well-drafted and appropriate will is the best way to prevent later conflicts among heirs over the deceased's property. In the worst case, the deceased's property could be depleted due to inheritance disputes.
A preliminary agreement refers to a contract by which the parties commit to making the actual main agreement in the future. Preliminary agreements are typically made, for example, when conducting real estate transactions. It holds the same level of binding and formal significance as the main agreement. A preliminary agreement is valid whether made in writing or orally, but written form is always preferable from the perspective of evidence. Creating a written agreement can prevent disputes, and it's advisable to make the written agreement comprehensive and clear. Once a preliminary agreement is drafted between two parties, the obligations of the agreement bind both parties. As a result, both parties have the right to demand the fulfillment of the obligations stipulated in the preliminary agreement as agreed upon. Creating a unilateral preliminary agreement is also possible. However, it's worth noting that, for example, in real estate transactions, a preliminary agreement practically only binds the parties involved and not other potential buyers interested in the same property.
The same formal requirements that apply to the main agreement also apply to the preliminary agreement. Consequently, it's important to note that, for instance, a preliminary agreement for a real estate transaction must be made in the form prescribed by the Land Code to be valid. The exact price of the subject of the transaction doesn't need to be defined precisely in the preliminary agreement, but the basis for calculating the purchase price should still be evident from the preliminary agreement. According to the government proposal on the Land Code (HE 120/1994), the preliminary agreement must specify at least those grounds on which the final price can be calculated, but the price can depend on factors such as the amount of building rights or general price developments.
A party to the preliminary agreement may fail to fulfill the obligations agreed upon in the preliminary agreement or otherwise act contrary to the terms of the agreement. In such a situation, it constitutes a breach of contract. For instance, the owner of a property can sell their property to someone else despite the preliminary agreement. For this reason, it's advisable to include provisions in the preliminary agreement regarding what happens if one party does not adhere to the agreement. A fixed contractual penalty is usually the simplest solution, as proving other damages resulting from the breach of contract can be difficult. The contractual penalty can also be structured as a progressive penalty, increasing until the issue caused by the breach of contract is rectified. When agreeing on a progressive contractual penalty, it's also wise to define its duration. Otherwise, it might be challenging to determine the penalty period when it's activated, unless it concerns a situation that can be rectified, such as a delay. Additionally, a down payment made by the buyer in connection with the preliminary agreement for, for example, a real estate transaction can serve as a punitive measure if the buyer subsequently withdraws from the transaction without a valid reason.
Therefore, it's advisable to draft the preliminary agreement in written form, adhering to the same formal requirements as the main agreement to ensure its validity. Furthermore, it's important to precisely define in advance the potential consequences for breaching the preliminary agreement. Our skilled lawyers are happy to assist in the drafting of preliminary agreements to ensure a smooth process.
When property changes ownership, whether you are selling or purchasing property, it's advisable to create a Sales Agreement. Having a clear and well-drafted sales agreement can help you avoid post-sale issues. However, it's important to note that there are also sales agreements for which specific formalities are prescribed, such as a real estate sales agreement, which has requirements regarding its form. One of the formal requirements for a real estate sales agreement, for example, is that it must be made in writing. Therefore, it's essential to consider the specific requirements that sales agreements may have. Read more about Real Estate Matters.
When several individuals co-own a property and wish to divide it, this can be done either by applying for partitioning at the National Land Survey or by creating a Real Estate Partition Agreement. The partition agreement must be made in writing and confirmed by a notary public. At Annia, attorney Maria Puputti handles notarial certifications. In the partition agreement, the co-owners can collectively decide how the property will be divided and what portion of the property each of them will receive. Applications for cadastral registrations must be submitted for the designated areas, and once approval is granted, the partitioning process is initiated automatically. Through the partitioning process, new individual properties are created.
With a Property Management and Division Agreement, co-owners of a summer cottage can mutually establish their respective areas of control and other terms related to the property's usage. Examples of such terms include responsibilities like clearing snow during winters, scheduling sauna turns, or determining usage rights for different areas or sections of the property. This type of agreement does not physically divide the ownership of the property or land into separate areas. Instead, distinct portions of the property are delineated with lines on an attached map appendix, designating individual areas of control.
The agreement should be recorded in the official land registration maintained by the National Land Survey. This safeguards the co-owner's share of the property during potential sales, ensuring that the buyer inherits the same rights as the seller had. Currently, there isn't much regulation regarding termination rights, making such provisions relatively limited. As a result, it's important to carefully consider the terms of the agreement.
Do you want to bring joy to your loved ones, children, or friends? Your loved one might also be in a difficult situation due to reasons beyond their control, and you want to help. For clarity, it's recommended to create a written 'Gift Deed.' A gift deed is prepared in writing and specifies what is being gifted. You can gift various types of property, such as items, a house, or real estate. For gifting real estate, a gift deed must be created, and a notary public should confirm it. Since the recipient of the gift doesn't pay anything, they are required to pay a gift tax to the tax authorities.
Working with a lawyer makes the gift deed process as smooth as possible and allows for a custom approach to address all the unique aspects of your gift. In addition to a hassle-free and customized gift deed, you'll receive personalized service tailored specifically to you in a way that suits you. We can submit the gift deed to the tax authorities if needed and assist you with the gift tax declaration. You don't need to worry about the procedures. We provide flexible legal services in person at our offices or conveniently online.
An employment contract is a form-free agreement, but it's highly recommended to draft the employment contract in writing, even though it's equally valid orally. We can assist you in creating a legally sound employment contract that includes all essential information and ensures that the terms are in compliance with the law. The employment contract template we provide can be used for multiple employment agreements without the fear of interpretation disputes. You can also have the document reviewed by us.
We can assist you in creating a rental agreement. By doing so, you can ensure the validity and legality of the agreement. We will make sure that the contract addresses the rights and obligations of both the landlord and the tenant, thus preventing potential disputes arising from the rental relationship. You can also have the document reviewed by us.
Divorce is often a complex and stressful situation that requires a lot of decision-making and arrangements. Creating a partition agreement in the context of divorce is an important step that defines how property will be divided between spouses. Using an attorney to draft the partition agreement can be beneficial for many reasons. With our deep understanding of contractual and marital property law issues, we can use our expertise to help you negotiate a agreement that serves your best interests, even when your emotional well-being may be challenged. Remember that a written agreement must be drafted to legally sever the marital property connection!
Separating property in the context of ending a relationship between cohabiting partners is often a complex and stressful situation, requiring a lot of decision-making and arrangements. Creating a separation agreement in this context is important if you have shared property. The agreement defines how property will be divided between the partners. Using an attorney to draft the separation agreement can be beneficial for many reasons. With our deep understanding of Finnish family law legislation, we can use our expertise to help you negotiate an agreement that serves your best interests, even when your emotional well-being may be challenged.
Learn more about cohabiting relationships and separation here.
A probate declaration must be submitted for every deceased person in Finland. The probate declaration lists the heirs of the estate as well as the deceased's assets and liabilities. The probate inventory also serves as the basis for determining inheritance tax and as a foundation for future distribution of the inheritance. A personal representative, who can be one of the heirs of the estate, must also be appointed. The probate declaration must be carried out within three months from the date of death. However, for valid reasons, an extension to submit the declaration can be requested from the Finnish Tax Administration. The probate declaration itself does not establish ownership rights for the heirs; the division of the property requires an inheritance distribution.
Probate proceedings might seem challenging, especially amidst other matters that need to be handled. That's why we are here to help. We know how the process should be managed and will oversee the acquisition of the necessary documents. Let us assist you with our expertise, so you can focus on cherishing memories and grieving.
The co-heirs of the estate can arrange the distribution of the inheritance according to their agreement, if the heirs can reach a unanimous decision on the distribution's terms. This is referred to as a 'consensual distribution' or 'amicable distribution.' A written settlement agreement is drafted in the case of an amicable distribution, and all co-heirs sign the agreement. Consensual distribution requires unanimity, so even one dissenting heir can prevent the distribution.
Distributing the estate through an amicable agreement is the fastest and most cost-effective approach. The key to reaching a settlement lies in how the matter is negotiated among the heirs. However, in some cases, finding an agreement among the heirs for the distribution might prove impossible. Typically, a settlement is reached when the estate is divided immediately after the estate inventory, before any disagreements arise. Annia can assist in settlement negotiations and drafting legally valid settlement agreements if needed. When aiming for an amicable inheritance distribution, the co-heirs can, through mutual agreement or at the initiative of one heir, come together to discuss the terms of the amicable distribution. This process often leads to an agreement being reached.
A promissory note records the jointly agreed-upon terms of a loan provided. For instance, when arranging wealth management within a family, a promissory note can prove beneficial. It can also be utilized in estate planning, such as in blended family arrangements. A promissory note helps ensure that the costs of significant family expenses are shared evenly, preventing disputes, for instance, during separation.
Minimum Requirements for a Promissory Note:
- Name of the lender
- Amount of the loan
- Name of the borrower
- Signature of the borrower
- Due date and interest terms
- Witnesses, not mandatory
In making a good contract, it's essential and in the best interest of the parties involved to ensure the content right from the drafting stage. The more thoughtfully contracts are created, the more likely the contract's content will align with the shared intentions of the parties. To prevent surprises in the final cost, for example, of a construction project, taking the time to draft the contract is crucial, even amidst pressing deadlines. Successful project outcomes greatly depend on quality contract negotiations. The goal in contract negotiations should be to achieve a balanced agreement as a whole.
It's important to remember that when parties have included a provision in the contract, it's presumed that they intended to deviate from the legal status under imperative legal norms. Therefore, it's advisable to agree on all aspects, including the use of general contract terms like the YSE 1998 in the case of construction contracts.
