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In the event that your spouse becomes deceased and there are minor children in the estate

After the death of your spouse, you will become the only guardian of your child. As the person with custody of the child, you will also act as their guardian. Instead of the child’s parents, the child’s guardian can also be another person who has been entrusted with the child’s custody.

In certain situations, you may be disqualified, i.e. unable to act as the child’s guardian. In these cases, you will need a substitute. For more information, read the instructions below on how to handle typical situations and whether you can act as the child’s guardian.

Using the property of a minor

As a guardian, you must take the minor’s interests into account in every situation. You must manage the minor’s property carefully and systematically.

Deposit the minor’s property in their name. You can use the minor’s property and inheritance only for their own benefit and personal needs. The property owned by a minor does not remove their parents’ maintenance obligation. A minor is never required to participate in the maintenance of their guardians or siblings.

The inheritance received by a minor may not be used to pay for normal living costs. You can apply for an orphan’s pension and other benefits to cover these costs. As a guardian, you are required to determine whether the minor can receive an orphan’s pension or other benefits (e.g. compensation from an employees’ group life insurance or some other similar type of benefit).

Please note that, as a rule, you may not borrow the minor’s funds. However, if the borrowing is justified for securing the interests of the minor, you must apply for a substitute guardian. The substitute will consider whether borrowing the funds will serve the minor’s interests. They will also negotiate the terms and conditions of the loan with you. After this, the substitute will seek our permission for the action. Read more about applying for a substitute.

You will usually be permitted to manage the estate’s banking affairs, such as paying invoices. However, you will not be allowed to, for example, distribute the money in the estate's bank account without our permission. Read more about applying for a permit.

You can also represent your child in the estate inventory. However, if there is a conflict of interest between you and your child, you will need a substitute.

A conflict of interest may arise in, for example, the partitioning and distribution of an inheritance, if

both the child and surviving spouse are stakeholders in the same estate
the estate’s stakeholders include both a minor and adult child of the surviving spouse.

If a will is attached to the estate inventory deed and there is a minor stakeholder in the estate, you must determine whether you are disqualified from accepting the will on behalf of your child. If you are disqualified, you will need to apply for a substitute. Read more about applying for a substitute.

Once the estate inventory has been completed, submit a copy of the estate inventory deed to both us and the Finnish Tax Administration within one month of the estate inventory.

For example, you will need a permit

when your child is a stakeholder in an estate and the estate intends to sell a home/apartment or real estate
for the division and distribution of an inheritance.

If you are both the guardian of a minor and a surviving spouse, your interests may conflict with those of the minor, for example in the administration of the deceased person’s estate or the distribution of the inheritance. In this case, you cannot act as the minor’s guardian and will be required to apply for a substitute. The substitute can be an individual nominated by you or a public guardian. Read more about applying for a substitute.

If the matter requires a permit from us, the substitute will apply for it. They can apply for a permit only after we have appointed them as a substitute.

Over-indebted estate

If the estate is over-indebted and the estate’s assets cannot cover the debts of the deceased and the estate, you can contact a legal expert, for example via the Legal Aid Information Service.

The value of the minor’s property exceeds EUR 20,000

You must notify us if the property in the minor’s name exceeds EUR 20,000. The property may consist of a share in an estate and/or other property. Any potential debts are not included in the total sum. Read more detailed instructions on reporting the property of a minor.

You will be notified once we have made a decision. After this, you will become the minor’s guardian and be required to provide us with an annual account of how you have managed the minor’s property.

We can make an entry in the register to safeguard the minor’s interests, even if the value of their property is less than EUR 20,000.

Laws related to the matter

Guardianship Services Act (442/1999)

Read also

Death of a family member

Estate inventory

Financial affairs

Tax

Legal aid

Do you need help?

Read the frequently asked questions about guardianship of a minor.

Telephone service: 0295 536 256.

Service hours: Mon–Fri 9–15.

Customer service for family relations and custodian information regarding minors recorded in the Finnish Population information System visit our website.

Anna palautetta ja tee kehitysehdotuksia

In the event that your spouse becomes deceased and there are minor children in the estate

Using the property of a minor

How do I manage the affairs of an estate when the estate’s stakeholders include a minor?

When do I need a permit?

When am I disqualified, i.e. when do I need to apply for a substitute?

Laws related to the matter

Read also

Do you need help?