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Spouse's right of inheritance - joint children and special children

Published: 19. March 2024

Understanding inheritance law is essential for anyone who wants to ensure that their loved ones are taken care of after their passing. In Norway, the rules are clear when it comes to the spouse's right of inheritance, but the regulations are perceived to be somewhat inaccessible to most people. We can help you gain an overview and understanding of the regulations and guide and help you through the process of securing the future for your loved ones.

Spousal inheritance rights for childless people

In cases where the deceased leaves no children, the spouse is entitled under section 9 of the Inheritance Act to half of the inheritance or a minimum of six times the National Insurance basic amount (G). The other half is to be divided between the deceased's other relatives.

The deceased is survived by children

If the deceased leaves behind children, the picture becomes more complex. Under section 8 of the Inheritance Act, the spouse is entitled to an inheritance equivalent to a quarter of the inheritance or a minimum of 4 G. The remaining inheritance is distributed among the children.

However, the spouse's right to a minimum inheritance equivalent to 4 G takes precedence over the children's inheritance rights.

Other solutions through wills

One of the benefits of understanding inheritance law is the ability to customise the distribution through a will. By drawing up a will, you can increase your spouse's inheritance rights.

If the deceased leaves no children, the spouse can inherit everything through a will.

If the deceased leaves children, the spouse's inheritance entitlement can be increased to 1/3, or possibly to everything that exceeds each of the children receiving 15 G each, cf. section 50 of the Inheritance Act.

It can also be decided that specific items should go to specific people.

What can we do for you?

Our experienced lawyers provide you with legal advice and an overview of the rules. We offer customised advice based on your specific needs and wishes. We are here to ensure that your assets are distributed in accordance with your wishes while safeguarding the inheritance rights of your heirs.

Our experienced lawyers have extensive experience and knowledge of inheritance law, and will guide you confidently through the process, whether it's drafting wills or other legal work to ensure the desired distribution.

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