Inheritance Law

– Order and Stability Across Generations

There are few areas of law that have such a significant and long-term impact on families as inheritance law. Thoughtful succession planning creates stability across generations. Our team’s collective experience in Swedish and international inheritance law is extensive and successful. We assist our clients with everything from representing them in inheritance disputes and estate administrations, to acting as estate administrators and drafting wills.

Wills

A well-drafted will is essential to ensure that your wishes are respected and to secure the future of your loved ones. Drafting a will can be complicated, and we regularly assist clients in this process.

A surviving spouse or partner might need to be protected from the inheritance claims of children from a previous relationship, or perhaps a family business needs to be transferred to the next generation in both a fair and commercially sound manner.

The interests of different heirs often come into conflict after a death. Unfortunately, we frequently encounter poorly drafted wills, where the lawyer or advisor lacked experience acting as legal counsel in a dispute, and therefore failed to anticipate the consequences of the wording of the will. Furthermore, the law’s formal requirements are very strict, and even minor deviations or errors can result in a will being declared entirely invalid.

Too often it is assumed that the law will protect our interests. While this is true to some extent, today many of us live in different family structures than the traditional one on which the law is based. We also often have assets we wish to personally distribute to those near and dear to us.

Some believe a will is a simple, standardised document that can be created from a template where a few personal details are added. This is not the case. To ensure that a will achieves its intended effect, a thorough review of the client’s financial and other circumstances, as well as their goals, is essential.

There are many good reasons to ensure that your will is carefully crafted, so that it provides stability in and for the future.

Estate Administration

The purpose of estate administration is to identify all of the deceased’s assets and liabilities. Debts must be settled, and the remaining assets distributed according to the will or the law. Even when the circumstances seem straightforward, estate administration can become emotional, complex, and time-consuming.

Many of our inheritance cases involve estate administration. Sometimes we represent one of the interested parties of the estate. In other cases, we are appointed by the court to act as estate administrator/ boutredningsman.

The legal issues that arise during estate administration vary. They may simply be questions of inheritance law, such as interpreting and executing wills, advancements on inheritance, or distributing the estate. But they may also involve disputes over assets and debts, or issues related to taxes, real estate, or corporate law, particularly if the deceased owned a business.

Inheritance Disputes

Lebenberg is frequently engaged to protect our clients’ interests in disputes arising after a death. We have extensive experience and success representing clients both in and out of court in matters such as:

  • Contesting wills, due to non-compliance with formal requirements and/or a lack of legal capacity
  • Disputes regarding interpretation and/or execution, due to unclear or unenforceable provisions
  • Disputes concerning gifts, in particular regarding secondary inheritance and infringement of statutory shares
  • Challenges to the validity of transactions made by the deceased during their lifetime
  • Requests for the accounting of the management/use of a deceased’s assets
  • Claims of so called “hidden co-ownership” in property

These types of disputes are sensitive, complicated, and require expertise to ensure both short- and long-term stability.

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