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The new inheritance law comes into force at the end of the year and establishes new rules for inheritance advances with which both heirs and heirs should be familiarized.
The new Inheritance Law increases the freedom to decide on valuables when using a will, says Justice Minister Monica Mæland (H). In many families, cabins are among these objects. Photo: Erik Johansen / NTB
After almost 50 years, Norway gets a new inheritance law. Much is as before, but there are also important changes in the new law.
– The Law of Succession concerns us all. The new law gives us modern, up-to-date rules in language that is easier to understand, says Minister of Justice and Emergency Management Monica Mæland (H).
Valuable cabins
The important thing for many families after the New Year is that, for example, a property such as the house and the cabin can be bequeathed.
– This increases the freedom to decide on valuables in the will, says the Minister of Justice.
Monica Mæland (H), Minister of Justice. Photo: Berit Roald / NTB
The new law states that the heirs must return the excess value to the estate if the property they receive exceeds the part of the inheritance duty.
The mandatory shared inheritance for children, possibly grandchildren, is still a total of two-thirds of the current value. But now the ceiling is raised to 15 G, or about 1.5 million crowns, for each.
Coexistence trap
Something that does not change in the new Succession Law are the rights that a partner has when a couple dies. Inheritance law still stipulates that people marry and have only one pair of children. Particularly cohabitants who have no children together need a will if they want to protect each other when one dies.
– It is difficult to clarify who is included in the group of cohabitants, and especially cohabitants without children. It can be anything from students dating and sharing dorm rooms to retirees who have met at the nursing home, John Aasland, head of the Department of Private Law at the University of Oslo, tells the Juridika website.
Aasland has participated in the work on the new Probate Law.
Cohabitants who have children in common can stay in a common house or cabin and use a car that they both use. If the deceased has children from the past, you can demand an inheritance agreement immediately if you have not consented to something else.
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The inheritance tax was a controversial issue in Norway 150 years ago.
Deadline before new year
Another important change in the Law of Successions applies to those who have already delivered a security that is intended as an advance on the inheritance, and with which the inheritance will later be shortened. This must be decided before the new year, otherwise you will lose that opportunity.
– According to the rules that apply until the new year, a reduction order can be included in a will, which is drawn up after the gift is delivered. With the new law, the shortening condition must be made known to the recipient of the gift already at the time of the gift. So it’s too late to do this in a later will, says Aasland.
This means that in the new law it must be done in writing so that there is no doubt that the heir has understood that the inheritance you receive will later be reduced by the value of the advance.
– Oral conditions established can create evidentiary problems, warns Aasland.
