Looking after the interests of an absent person or the future owner of the property

On this page, we explain when the District Court can appoint a guardian to a person who is absent or who will own certain property only in the future.

Monitoring the interests of an absent person

An absent person refers to a person whose whereabouts are unknown and cannot be resolved, even if they have to be reached to handle a particular matter.

The reason for the need to reach them may be, for example, that they have become a shareholder in an estate. If the person is not reached, a guardian may be appointed to supervise their interests in the estate. In addition, if a person receives property in the distribution of inheritance, the guardian can make decisions related to it if necessary.

If a guardian is needed to supervise the rights of the absent or future owner in the estate, the application is submitted by the estate administrator, other estate manager, the estate distributor or a shareholder in the estate.

If the guardian is required to make a division or distribution of inheritance, the application is submitted by the estate administrator or the estate distributor.

If the matters of the absent person otherwise require management, the application can be submitted by the estate administrator, the estate distributor, us as the guardianship authority or the person whose interest or right the matter concerns.

The District Court may appoint a guardian for a person who is absent if

the deceased has a legacy and neither the heir nor the legatee or their whereabouts are known.
the deceased has an inheritance, and the heir or legatee cannot enforce their rights.
it is otherwise necessary to look after the right of the absent person or manage the person’s property.

Monitoring the interests of the future owner of the asset

A gift deed or will may be used to donate property to a person who cannot manage it at that time. In this case, the person needs a guardian appointed by the District Court to manage the property in question.

The donor or testator may also name the guardian in question in the donation deed or will. For example, a grandparent donating their property to a minor grandchild may want the property to be managed by a guardian other than the guardian acting as the guardian of the minor for as long as the minor is a minor. Even in this case, the District Court will decide on the need for a new guardian on the basis of the application.

The following persons may submit such an application:

the person whose interest is being monitored
their guardian
their parents
their spouse or child
other close one
us, in our role as the guardianship authority.

At the same time, the applicant must justify and demonstrate why the person named in the deed of donation or will should manage the property in question, i.e. act as a guardian.

The District Court may appoint a person named in a deed of donation or will as a guardian if

the management of the property in this way is in the interest of the recipient and
the donor has an acceptable justification for ordering the property to be managed by a guardian other than the guardian already on the recipient. If it can be assumed that the different views of the guardians make it difficult to use the property for the client's benefit, the District Court will not appoint a new guardian.

Laws related to the matter

Guardianship Services Act (442/1999)

Do you need help?

Telephone service: 0295 536 256

Service hours: Mon–Fri 9–15.

Our chat service is temporarily unavailable in English.

Anna palautetta ja tee kehitysehdotuksia