In case of death, the fortune of the person concerned must be allocated. Who are the beneficiaries, and what will be the distribution of the fortune?
Who has the right to inheritance
In Norwegian law, you can have inheritance rights by law, or you can get inhertiance trough the will of the testator. The spouse, cohabitant and testators genus will have the right to inheritance through law. Testators genus will mainly be the children. If there are no children, the testators parents will get the inheritance rights. However, the testator can give his inheritance to anyone by the will. The testators opportunity to allocate his fortune will however be restricted by the law, meaning that the people who have inheritance right by law, will outgo the testators will.
The children have a statutory right to 2/3 of the heritage. This applies just up to 14 times the national insurance basic amount in Norway. The basic amount is around 100 000 NOK. If the testator will assign more than 14 times the basic amount to the children, the testator has to give it through the will.
The spouse has a statutory right to 1/4 of the the inheritance. If the testator doesn’t have children, the spouse has right to 1/2 of the inheritance. The spouse has no matter what a legal claim of minimum 4 times the national insurance basic amount. This requirement can make the childrens inheritance small, if the testators fortune is low.
A cohabitant who have, or is expecting children with the testator, has a statutory right to 4 times the national insurance basic amount. This right can however be limited in the will. A cohabitant also has a right to 4 times the national insurance basic amount, if the couple have been cohabitants the last five years. It’s a condition that this inheritance right emerges from the will.
When all the statoury rights have been followed, the rest of the fortune (if any left) can be allocated after the testators own desire. The children, spouse or the cohabitant can get an even bigger part, or someone completely else can get a part of the fortune. If the testator doesn’t create a will, the rest of the fortune accueres to the children.
Can someone be disinherent?
All the people which have right to inheritance by law, has this right to inheritance no matter what. The testator can’t cut them of in the will.
There is no tax of inheritance. This means that you’ll get the full amount of the value you inherit. This is anyway politicaly controversial, so tax may be adopted in the future.
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