Statutory share of inheritance and share of inheritance

Home 9 Statutory share of inheritance and share of inheritance

Help in sensitive stages of life

Statutory share of inheritance and share of inheritance in Gothenburg and Kungsbacka

After the death of a close relative, various situations may arise concerning children from a previous relationship who wish to receive their inheritance, especially if there is a will.

At Glimstedt’s offices in Gothenburg and Kungsbacka, we have extensive experience in helping our clients with inheritance law and issues relating to statutory share of inheritance and secondary inheritance.

We have extensive experience in helping our clients with inheritance law issues

What is the difference between a statutory share of inheritance and share of inheritance?

The share of inheritance refers to the portion of the estate that a direct heir is entitled to receive in the absence of a will. The statutory share, which represents half of the inheritance, is the part of the inheritance to which the direct heir is entitled to regardless of what is written in a will. A direct heir is therefore entitled to receive his or her inheritance even if the deceased has decided that all or part of the property left should go to someone else.

What is secondary inheritance?

It means that the surviving spouse inherits at the time of death and that the other heirs of the deceased must wait for their inheritance until the death of the surviving spouse.

The heirs entitled to secondary inheritance by law are the joint heirs of the spouses (first class of inheritance) and the parents, siblings and their descendants of the deceased (second class of inheritance).

What is a direct heir and a child from a prior relationship?

The children of the deceased are called direct heirs. Children from previous relationships are children that the deceased has with someone other than the person he or she was married to at the time of death.

How do the rules for children from previous relationships work?

A child from a previous relationship is always entitled to receive half of his/her share of inheritance immediately, known as the ‘statutory share of inheritance’. They must wait to receive the rest of the inheritance, just like the joint children, until the stepparent also dies.

If the child from a previous relationship has already chosen to receive his/her inheritance upon the death of the first spouse, his/her share in the surviving spouse’s estate will be reduced accordingly.

How can these situations be handled without causing conflict?

We recommend that you consult a lawyer at an early stage to protect your rights in a way that does not create unnecessary conflicts. With legal support at an early stage, it is also easier to avoid a long and drawn-out court process.

Do you need help with questions related to distribution of an estate, statutory share of inheritance and secondary inheritance?

Our legal expertise will be your peace of mind as a party to the estate. We can also clarify the concepts to you when it comes to the complex law surrounding a death.

With a broad legal expertise in inheritance law and the drafting of wills, we at Advokatfirman Glimstedt help you in sensitive stages of life.

Our Expert Lawyers in inheritance law – Gothenburg and Kungsbacka

Advokatfirman Glimstedt has eleven offices in Sweden and three in the Baltic States. Visit www.glimstedt.se to learn more about our entire business.

May we help you?