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Most people want predictability in terms of how their inheritance will be distributed in the event of their death. Whether it's to safeguard the surviving partner, or if you want someone designated to inherit after you, or not to inherit after you. In these cases, it is useful to know how the law regulates inheritance for childless people, and what you can decide in a will.
Inheritance cases can be complex and emotionally charged legal processes involving the distribution of assets and property after a person's passing. Seeking legal advice from an experienced attorney in such matters is not only wise, but often essential to ensure that the process is handled fairly and in accordance with applicable laws.
In this article, you'll find information about inheritance for childless people if the deceased is single, married or cohabiting.
- Family inheritance rights
The rules for family inheritance rights for persons who are not survived by children or a spouse are set out in sections 5 and 6 of the Inheritance Act.
If someone dies without children, the inheritance goes to the parents. If both parents are alive, they get half each. If one of the parents is deceased, the deceased parent's share is passed on to their own children.
If the deceased parent leaves no other children, the surviving parent will inherit everything, unless the deceased is under the age of 25. In this case, the grandparents on the deceased parent's side will inherit ¼ of the total pot, while the surviving parent inherits the rest.
If the deceased is not survived by parents or their offspring at any stage, the inheritance will be divided equally between the grandparents.
It is important to note that the inheritance is divided in branches, not per heads. This means that in the case where one parent is alive, while the other is dead, leaving only two parents alive (grandparents), your inheritance will be divided 50/50 between the surviving parent and the grandparents. The half that goes to the grandparents must be divided between them, so that they receive a total of 25 % each.
- Spouse's right of inheritance
The spouse's right of inheritance in cases without children is set out in section 9 of the Inheritance Act, which states that
The spouse is entitled to half of the inheritance when the testator's closest family heirs are the parents or their descendants, but the spouse is still entitled to a minimum inheritance of six times the basic amount of the National Insurance Scheme at the time of inheritance.
The spouse inherits everything when there are no life heirs or family heirs as mentioned in the first paragraph after the testator
This means that if the deceased leaves behind family heirs as mentioned above and a spouse, the inheritance will be divided 50/50 between the surviving spouse and the remaining relatives of the deceased. As usual, the relatives' inheritance will be distributed according to branches.
Regardless of this, the spouse is entitled to a compulsory partial inheritance equivalent to 6 G (6 x the National Insurance basic amount) after the deceased. This takes precedence over the family's right to inheritance in cases where the value of the estate is low.
- Cohabitant's right of inheritance
Cohabitants without children in common do not have the right to inherit from each other. If you want your cohabiting partner to inherit from you, you must make a will. If you do not make a will, the inheritance will be distributed as mentioned in section 1.
- Inheritance by will
If you do not leave any children, you have full right of disposal over the assets you leave behind, with the exception of your spouse's right to a compulsory portion of the estate. For all assets in excess of this, you have a free right of testation. This means that if you want your spouse to inherit everything, you can draw up a will to ensure this.
What can we do for you?
Although the law provides a basic structure for inheritance, there may be situations where individual wishes and needs are not fully honoured. Creating a will provides an opportunity to customise the distribution of assets in line with one's own wishes. This is particularly relevant for childless couples, as they may wish to make gifts to charities, friends or others who have had a significant impact on their lives.
Our law firm is dedicated to helping our clients protect their financial interests and ensure a secure and predictable future. With our expertise in family and inheritance law, we can guide and assist you in preparing the documents you need to secure a future in accordance with your needs and wishes.
Contact person
Monica Melgård
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