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Get 3 free quotes on Aalborg lawyer

Author: Erik Tilbud Olsen
by Erik Tilbud Olsen
Posted: Apr 07, 2021

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Spouse's inheritance rights and probate benefitsIn competition with the living heirs of the first deceased the surviving spouse has the right to take out items in advance that are for personal use only if their value is not disproportionate to the property of the spouses. The same applies to objects acquired for bmg of minor children, cf. the Inheritance Act § ll, subsection. 1. The fact that the items are taken out in advance means that their value is not included in the calculation of the estate. l Inheritance Act § ll, para. 2, there is a provision that ensures the longest-living spouse a certain minimum after the change. The court according to the Inheritance Act § ll, subsection 2, is not an actual right of first refusal in the sense that the spouse can withdraw a certain amount in addition to his estate and inheritance. The provision gives the right to supplement the estate and inheritance plot, so that this together with the person's own complete separate property amounts to DKK 600,000. The amount is adjusted and amounts to DKK 690,000 in 2013357 The right to additional inheritance takes precedence over a possible will and the heirs' right of inheritance, including their compulsory inheritance. It can be used both on the joint estate and on the deceased's separate property. The calculation of the amount includes - unlike before - maintenance loss compensation, life insurance as well as pension benefits and similar benefits that are paid to the longest-living spouse in connection with the death, cf. the Inheritance Act § l l, subsection. 3. It appears from the preparatory work that the provision applies both to lump sums and to current benefits. On the other hand, the survivor's other rights, which are non-transferable or otherwise of a personal nature, are included only to the extent that these rights. if they were jointly owned, would be included in the equal division on change in the longest-living spouse's living life.

About the Author

My name is Erik Tilbud Olsen and I live in Copenhagen, Denmark.

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Author: Erik Tilbud Olsen

Erik Tilbud Olsen

Member since: Nov 07, 2020
Published articles: 23

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