When a person dies without a will, the distribution of the deceased’s assets is determined by the statutory rules of inheritance. Without a will, the inheritance will not automatically constitute separate property for your heirs, which may result in them having to share the value of the inheritance in the event of a future separation.
To ensure that your heirs receive their inheritance as separate property and do not have to share its value with a current or future partner, it is important to draw up a will. A will also allows you to appoint someone to manage the inheritance of a minor heir and to express your wishes as to who should become the guardian of your child in the event of the death of both parents.
A will also gives you the opportunity to decide who should inherit specific assets, such as businesses, real estate, jewellery, and other items of sentimental or financial value. Many people also choose to appoint someone to assist with the estate inventory and estate distribution, which can make the process easier for their loved ones and reduce the risk of conflicts between heirs.
Unfortunately, errors in wills are often discovered only when it is too late to correct them, for example when the person has already passed away or has lost their legal capacity due to conditions such as dementia. An incorrect or unclear will can lead to unnecessary and costly disputes. At Hallin Löfgren Juristbyrå, we are here to help ensure that your wishes are carried out and offer legal advice tailored to your specific circumstances.
We can also securely store your will and other important documents, ensuring that they are available when needed and do not fall into the wrong hands.
If you would like to learn more about our services relating to wills, document storage and subscriptions, please contact us at info@hljuridik.se.
If one of you has contributed a larger amount toward the purchase of a home, for example toward the down payment, you will often need a cohabitation agreement to ensure that this contribution is not lost in a division of property. Even in cases where you own different shares of a property, or where one of you owns the entire property, you may need a cohabitation agreement to avoid having to share your portion with your partner in a division of property or with your partner’s heirs in the event of death.
It is important to have a correctly drafted cohabitation agreement, as an incorrectly formulated agreement could, in the worst-case scenario, result in the entire agreement being deemed invalid. It is also important to seek legal assistance in these matters, as there is a great deal of important information to understand regarding the rights and obligations that come with establishing a cohabitation agreement.
If you are unsure whether you need a cohabitation agreement or not, we offer a free needs assessment based on your family situation and wishes. Following the assessment, you will receive a tailored recommendation, and you can then decide for yourselves whether you would like to proceed.
An estate inventory serves as an official legal document for the deceased’s estate and is intended to show which individuals or organizations are entitled to inherit from the deceased, as well as which assets and liabilities existed in the estate on the date of death. Without an estate inventory, the inheritance cannot be distributed, and the deceased’s bank accounts and other assets cannot be closed or sold.
In certain cases, a death estate notification may be made instead of an estate inventory. A death estate notification is handled by the municipality and may be applicable if the deceased’s assets do not cover the existing debts. There are certain exceptions where a death estate notification cannot be made even if the debts exceed the assets, for example if the estate includes real property or site leasehold rights.
It is usually best to seek assistance from a lawyer when preparing an estate inventory. By working with a lawyer, you ensure that everything is handled correctly, that any will is formally communicated in the proper manner, that the correct parties are called to the estate inventory proceedings, and that the assets and liabilities are accurately recorded in the estate inventory document. An incorrectly prepared estate inventory can delay the entire process by several months and, in the worst-case scenario, lead to increased costs. Contact us and we will help you with a flexible solution tailored to your needs and wishes.