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1	Bakarv- En rättslig problemsituation vid familjeombildning Andersson, Emma January 2016 (has links) No description available. bakarv arvsrätt testamentsrätt underårig arvlåtare
2	I dödsrättshandlingarnas landskap : Om konflikten mellan arvlåtare och bröstarvinge beträffande arvets fördelning / I dödsrättshandlingarnas landskap : Om konflikten mellan arvlåtare och bröstarvinge beträffande arvets fördelning Fjellström, Ludvig January 2023 (has links) With regards to Swedish succession rights, and the distribution of the inheritance as such, there is an underlying conflict of a fundamental nature betweenthe deceased´s former interest in how the estate should be distributed on theone hand, and the interest of the primary heirs in the preservation of theinheritance on the other. The deceased´s interest can be derived from the rightto private ownership, while the interest of the primary heirs rests upon thestatutory minimum portion of the inheritance (laglott) which they are entitled to by law. The statutory minimum portion of the inheritance is half of the sharethat is due by law (arvslott) to the primary heirs if there is no will, i.e. if theintestate succession (legala arvsordningen) is followed. Furthermore, this conflictof interest can provoke an individual to plan their estate with the intention ofminimizing the inheritance of one or more of their primary heirs. This pertainsespecially to children who are not the offspring of the surviving spouse,considering that they are entitled to receive their statutory minimum portion ofthe inheritance immediately upon the deceased’s – their parent's – death. Thedispositions at hand for someone who wants to plan their estate (dödsrättshandlingar) according to Swedish law are of two particular types. Wills (testamenten)and beneficiary designations (förmånstagarförordnanden). Gifts made in contemplation of the donor’s impending death (gåvor för dödsfalls skull), ties into thiscategory as well. Namely, gifts of this nature are in this respect equated to wills.Another rationale for sorting these three different dispositions together can befound in their common purpose, i.e. to benefit someone else with all or someof the estate. In the most abstract terms, these three categories could be called,gratuitous legal dispositions made ad mortis causa, (benefika dispositioner fördödsfalls skull). In light of this the thesis explores and examines whether a primaryheir´s legal protection – especially if the statutory minimum portion of theinheritance – has an equal efficiency in relation to this broad category –constituted of the three aforementioned subsets – accessible to someone whowants to plan their estate. The result of the thesis is primarily that such adifference in fact does exist and secondarily that this inconsistency to some extent is unjustifiable considering (1) the similar nature and purpose of these dispositions, and (2) the presence and function of the legal institute of forcedheirship in Swedish law. Arv arvsfördelning arvsplanering laglott det förstärkta laglottsskyddet 7:4 ÄB bröstarvinge arvlåtare förmånstagarförordnande förmånstagare gåva för dödsfalls skull försäkring successionsrätt CC Law Juridik
3	Återkallelse av testamente : Särskilt om bedömningen av om testator har avsett att återkalla sitt testamente / On the Revocation of Wills : Especially regarding the assessment of whether the testator has intended to revoke his will Steen, Johan January 2023 (has links) In most European legal systems, drafting a will is subject to formal requirements. In the same way, most European legal systems prescribe formal requirements for the revocation of a will. However, Swedish law is unique in this respect as it does not prescribe formal requirements for the revocation of a will. For the revocation of a will, Swedish law only requires that the testator has unequivocally announced that the disposition no longer expresses his ultimate will. This is stated in the 5th Section of the 10th Chapter of the Swedish Inheritance Code. Under Swedish law, it is therefore only a question of proof whether the testator has revoked his will. However, it may be difficult to assess whether the testator has intended to revoke his will when the testator is alleged to have revoked his will informally. Therefore, the main purpose of this thesis is to examine how the assessment of whether the testator has intended to revoke his will is carried out under current Swedish law. To achieve the purpose of this thesis, a traditional legal dogmatic method is used. This means that the material used is limited to the traditional Swedish sources of law. These are legislation, preparatory works, case law and Swedish legal doctrine. Since Swedish law does not prescribe any formal requirements for revoking a will, a will can be revoked in an unlimited number of ways. It has therefore been necessary to limit the scope of this thesis to the most common ways of revoking a will. For this reason, this thesis only covers the revocation of a will by executing a new will, by physical destruction of a will, by strikeouts and inscriptions on the will, by oral statements made by the testator and by the revocation of a previously revoked will. Consequently, other ways of revoking a will are not closer analysed. The analysis shows that no general conclusions can be drawn on how to assess whether the testator intended to revoke his will. Instead, the assessment depends on the way in which the testator is alleged to have revoked his will. However, the analysis also shows that some more specific conclusions can be drawn. It can be concluded from Swedish case-law that a high standard of proof is required for a revocation allegedly made by an informal measure. However, this does not apply if the will has been destructed. In such cases, there is instead a presumption that the will has been destructed by the testator with the purpose of revoking the will. Consequently, the burden of proof is reversed when the will has been destructed. The analysis also shows that it often can be uncertain whether the testator has intended to revoke his will by an informal measure. This is because there may be no reliable evidence of the testator’s intention in such cases. Therefore, the con-clusion is that a testator who wishes to revoke his will should do so by executing a new will which expressly states that the will is revoked. By doing so, the testator significantly reduces the risk of future disputes concerning the validity of the will. revocation revocation of wills formal requirements will testator Swedish Inheritance Code case-law återkallelse återkallelse av testamente återkallelse genom nytt testamente överstrykningar påskrifter muntliga uttalanden återkallelse av återkallelse testamentsrätt successionsrätt testationsfrihet testationsfriheten den fria återkallelserätten testator testatrix arvlåtare arvsrätt testamentstagare testamentsgivare presumtionsregel presumtion bevisbörda beviskrav ÄB 1686 års testamentsstadga 1734 års lag 1930 års testamentslag ärvdabalken 10 kap. 5 § 10 kap. 5 § ÄB 10 kap. 5 § ärvdabalken Högsta domstolen HD Lagrådet SOU 1929:22 prop. 1930:10 NJA 1930 s. 78 NJA 1944 s. 78 NJA 1948 s. 214 NJA 1948 s. 768 NJA 1952 s. 99 NJA 1959 s. 658 NJA 1960 s. 227 NJA 1963 s. 512 NJA 1966 s. 270 NJA 1974 s. 646 NJA 1977 s. 168 NJA 1977 s. 479 NJA 2017 s. 362 NJA 2022 s. 509 Law (excluding Law and Society)

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