Particularly cohabitants are badly in the arv.
The inheritance law is quite logical, and if you want a spouse and children to inherit you, you do not basically need to do anything about writing a will, “said Knut Brindem, lawyer at the law firm Brindem & Lynum AS.
Because the inheritance rules will apply so that spouses and children will inherit all that you leave behind.
Duty according to the inheritance law
– For people with what can be called normal fortunes, not necessarily a will will make any major changes in the distribution of the legacy after you. Two-thirds of what you leave behind will be a divisive part of the children and one quarter will be the duty of the spouse, “he says..
In the cases where the deceased was married, had children and a fairly normal fortune, the deceased would only decide a few more than one-twelfth of what he or she left behind.
– But a testament will also be important in these cases, for example, if you wish to accommodate a friend, organization or family member, even if it is only one-twelfth of what you leave behind, Brindem says..
Important for cohabiting
Consumer economist in Nordea, Elin Reitan, recommends most to write testament.
– Writing a testament is absolutely essential for cohabitants without a common child. If you have not done so, you have no right to inherit your partner according to the inheritance law, she says.
She says there are many examples where one partner in a cohabitant has come very badly when the partner has passed away.
– And the long time after a death can be extra difficult if one is to worry about the economic. It is therefore important that you talk about who will inherit what and write this down in a will, she says.
In this way you are both assured if something would happen to the other.
To divide the inheritance under the inheritance law if the deceased has not established a will
- Deceased’s children or their children
- Deceased’s parents, siblings or their children
- Deceased grandparents or grandparents’ children (ie aunts, uncles and their children)
Source: www. family law attorneys. no
Here you find the inheritance law
The situation is a bit different if you are cohabitants and have common children.
Then you actually have a claim for some legacy.
– According to the inheritance law, cohabitants with common children have the right to inheritance corresponding to four times the basic amount of the National Insurance, says Reitan.
If you wish to secure each other further, you must write testament just like those without a common child.
– And if you’re married, it’s important that you write a will if you want parts of your legacy to go to other than children and spouses, she adds.
Important for big fortunes
In those cases where neither have a spouse or child, the will will be of much greater significance.
– You will then be able to rob all the wealth. Have children and no spouse, you can rob one third, and if you only have a spouse you will be able to rob over three quarters by will, “Brindem says..
In some cases, there may also be more if a spouse has been notified in advance.
– The testament will also be of great importance when it comes to great wealth, since the duty of each child can be limited to one million kroner and the spouse’s duty can be limited to 4G or 6G, he adds.
Economy is one of the things we argue most about, and most of us have heard of cases where the legacy settlement was properly filthy.
The Parliament decided in 2013 to remove the inheritance tax.
As a result, the inheritance fee for gifts given after 31. December 2013 and inheritance where death occurred after 31. December. 2013.
Source: Tax Administration
Do you have NAV frustrations?
Legends quake what’s left after parents, aunts, uncles or other relatives, and often it all ends in ignorance.
– To avoid ignorance, it is therefore important to write wills. Here it is important that parents take responsibility and do not let the children share the values between themselves. This can often create bad mood and conflicts, “says Reitan.
The consumer economist recalls that many emotions are involved in an inheritance settlement and believe inheritance conflicts often come from poor planning and unprecedented expectations.
– It’s therefore important to be open about both the values you actually have and how you want to distribute them. By writing a testament and gladly informing the heirs about the content of this, you often avoid conflicts in the future, she says.
No inheritance tax
The inheritance fee has now been removed and you no longer need to report what to allocate.
– Nevertheless, it’s important for parents to testify and talk to their children about the distribution of values, she says.
It can be difficult to distribute the values equal to the children or the heirs, and in addition, all the things that the heirs can have is emotional attachment to.
– Discuss what you want to do with values that have affective value because it is usually the distribution of such that creates the biggest conflicts, she says.
She thinks it is particularly important to get the wishes down on the paper when it is a legacy that does not determine the inheritance law and ensure.
The state will inherit
Spouses must also write testament if they wish to accommodate a child or spouse in other ways than the rules state.
– The spouse’s inheritance may also be limited in a will, but such a determination is only valid if the spouse has been informed of the limitation before the death, says Reitan.
How much is 1G?
G or the base amount is per 1. May 2014 £ 88 370.
According to the inheritance law, a spouse shall have a legitimate inheritance, 4G whose inheritance has life gains and 6G whose inheritance does not.
– You must also write testament if you want someone who is not a lifelong to inherit one. If you have no heir by law, you should also write testament. If you do not do that, the legacy goes to the state, “she says.
Deletes Specific Items
In a testament, you simply write down what you want to happen when you die, and you can specify both objects and money.
For example, if you want a niece to inherit bunad silver or an uncle will inherit the Munch painting, they will receive these items as long as it does not violate the duty rules, Brindem says..
He adds that if the one who wrote the will comes into financial trouble after signing the testament and the Munch painting was sold, the uncle’s claim for inheritance is lost.
He should inherit a specific subject and not an amount.
– You can also say that a person will inherit a certain amount of money or deposits on a given account in a given bank, he says.
Get the details
All dispositions that are intended to be fulfilled after the death of hereditary people must thus be in a will and the testament can not be seriously mentally ill or affected by alcohol or other substances when the testament is set up.
– By the way, however, there is no requirement for what is to be said in this document, but it is important that it is clear what the purpose of the will is and what will happen to the values you leave when you die Reitan.
She recommends to be as concrete as possible and to bring about all the details of the legacy.
It is especially important with the will if
- You and your partner are cohabitants and do not have children together
- You do not have children or spouses
- You have great values
- You have wishes to divide what is not included in the duty of spouse and child
- You want to leave certain items to someone special
This should you know about cash support
– There is no room for misunderstandings and misinterpretations that can create conflicts afterwards, she says.
Strict Witness Rules
There is no requirement that the testament be set up by a lawyer.
– Often, this is done on its own, but remember that there are strict terms in connection with a will and that it can often be a cheap insurance that it is set up by someone who knows the rules, the lawyer believes.
In particular, there are strict rules relating to the witnesses.
These must be at their fullest five, not attended and also present while the testator signs the testament.
– The witnesses must be over 18 years old and not in close relation to anyone enrolled in the will, says Reitan.
She tells the witnesses to understand that they witness a will but that they do not need to know the content.
If you mistake some of the rules surrounding the formal requirements, this may result in the entire test being void, Brindem says..
Can set conditions for the legacy
In some cases, inheritance will wish to attach special conditions to the inheritance.
– For example, it may be that the inheritance is to be the recipient’s peculiarity or that it should be managed according to certain guidelines by specific people until the heir has reached a certain age, says Reitan.
For example, parents often see that parents do not want the children to have full disposition of the inheritance on the day they become authorities, but that the funds are gradually released until the children reach a certain age or have a certain degree of education.
– If you want to make this kind of condition to the inheritance, this must be done in the will, says the consumer economist.
Some cases have special rules.
– If someone inherits in a mutual testament, you may not be able to set up a new testament based on the inheritance you received. This is because, in many cases, the mutual testament shows how the inheritance is to be distributed after the death of beggars, says Reitan.
If the testament does not say anything about the distribution, then the one who has the offspring, in accordance with a mutual testament, may freely dispatch the transferred property into a new testament.
– If a surviving spouse in such a case does not exercise his right of testimony and does not recapture, the inheritance by the death of longevity will be distributed equally between the spouses’ families, she says.
Children can not be inherited
If the family is in conflict, parents may want to make one or more children inherited.
However, making a child inherited after his death is not possible according to the inheritance law.
You can not choose to test everything to one of your children because you’re on the verge of the other.
– The Duty Rules ensure that all children, including those you may never have seen, get an equal share. However, at large fortunes, one can limit the inheritance of one child to one million while another gets 100 million, he says.
The inheritance agreement together with the will further regulates what will happen to the fortune after a person dies, but while living, one can spend the money as desired.
If you want to make a difference in your children living in living life and give a child a lot of money while another does not get anything, then you have the opportunity to do that, “he says..
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