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Are you worried about your children's inheritance rights? Or are you wondering what your situation would look like? We have the expertise you need to ensure a fair, predictable and legal distribution of inheritance.
The inheritance rights of stepchildren may differ depending on whether the deceased is survived by a spouse or cohabitant, or whether a will has been drawn up. In this article you will find information about the different scenarios.
Roommate
In the case of cohabitation, the separate children inherit everything, unless you have, have had or are expecting joint children, or a will has been drawn up. Cohabitants without common children have no statutory right to inherit from each other.
If you have, have had or are expecting joint children, the cohabitant will be entitled to 4 x the National Insurance basic amount as inheritance from the deceased, which takes precedence over the children's right to inheritance, cf. section 12 of the Inheritance Act.
Cohabitants without common children can benefit each other in a will with 4 G if they have lived together for at least five years. This right takes precedence over the children's right to inheritance, cf. section 13 of the Inheritance Act.
Spouse
Children have an unlimited right to inheritance corresponding to 2/3 of everything the deceased parent leaves behind, with a minimum of 15 G per head, cf. section 50 of the Inheritance Act.
The spouse has a corresponding right to ¼ of everything the deceased leaves behind, including a minimum inheritance of 4 G, which takes precedence over the children's right to inheritance, cf. section 8 of the Inheritance Act.
If no will has been drawn up, the spouse will inherit ¼, including 4 G if this is greater, and the children will inherit the rest.
What can you do in a will?
In a will, you can partially increase your spouse's/cohabitant's inheritance, as long as it does not infringe the right of the children of the deceased to share in the inheritance. You can also stipulate that specific assets should go to specific heirs.
At the same time, it is possible to include provisions on undivided estates in a will.
Contact us today for customised advice:
We help you draw up clear and predictable wills that ensure a more customised inheritance settlement for your needs. Although the Inheritance Act sets strict and clear requirements for how the inheritance is to be distributed, there are still a number of other solutions to protect yourself in the event of a death.
Our experienced lawyers will help you draft wills and other legal documents that give you control over the distribution of your estate.
Contact us today for a consultation.
Contact person
Monica Melgård
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