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– Inheritance is much more than finances, it is also about family and emotions, says Minister of Justice and Emergency Management Monica Mæland (H) about the new law.
– Many of the current rules have been kept, but this may be an opportunity to talk about inheritance in the family. So Christmas peace is also assured for years to come, he continues.
Advancement of inheritance
Advances on inheritances that have not yet been determined or agreed must be determined before the new year. Because in the new inheritance law, the heir must also participate in decisions.
– Is he one of the children who has received the most from his parents? This can be shortened in inheritance, but according to the new Succession Law, it is a condition that this must be established as a condition when the gift was received, says the Minister of Justice.
Then the heir will have the opportunity to say whether he wants to receive part of the inheritance in advance or not.
Until the New Year, an heir can still decide that a gift or advance that was given once can give a reduction in the next inheritance. The heirs also do not have to inform the heir about this.
Better written
Estate advances that are arranged before the New Year can also be made orally.
– But for the avoidance of doubt later, our recommendation is that shortening provisions be included in gift certificates or wills, says attorney Ane Viken Sivertsen of the law firm Bull & Co.
If you don’t use a will, you can, for example, use a written statement that is dated and signed.
– Under the new inheritance law, the heirs cannot determine the shortening unilaterally, even if it is done in the form of a will, warns Sivertsen.
If the heirs and heirs already agree, and everything about donation and inheritance reduction has been clarified, then basically no problem.
– If the reduction has been made orally, it is possible, however, to consider formalizing it in a written agreement, signed by both the testator and the recipient. It is advantageous to make the agreement known to all the heirs, recommends the lawyer.
Coexistence trap
The old inheritance law is now being replaced by a new law after almost 50 years. But inheritance agreements between partners are among the rules that have not changed.
The new Inheritance Law still stipulates that people get together, marry and only have a common litter of children. Therefore, partners, and especially those who do not have children in common, must write a will if they want to protect each other when one dies.
– It is difficult to clarify who is included in the group of partners, and especially those without children. It can be anything from students who are dating and sharing dorm rooms, to retirees who have met at the nursing home, explains John Aasland, head of the Department of Private Law at the University of Oslo to the Juridika website.
Aasland has participated in the work on the new Probate Law.
Cohabitants who have children together can stay in a common house or cabin and use a car that they both used. If the deceased has children from the past, you can demand an inheritance agreement immediately if you have not consented to something else.
Cabin problems
After the New Year, the testator can also decide who will inherit a specific object or property, even if it is worth more than the inheritance due to the living heirs.
In some families, it has created problems that, for example, valuable cabins or houses cannot be bequeathed to just one. This is now resolved in the new Law of successions to the power of the heir to return the sum to which he is entitled to the mandatory inheritance.
– The rules of the new Inheritance Law are more flexible when it comes to assets in the will, says Justice Minister Mæland.
The new law also stipulates that the mandatory shared inheritance for children, possibly grandchildren, will be increased to 15 G, or about 1.5 million, for each. If the inheritance is less, at least two-thirds of the value must go to the living heirs.
