Is inheritance a public act?
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When someone dies, a legal process begins to distribute the deceased's assets among the heirs, called probate. A common question that arises in connection with this process is whether the inheritance is a public document. The answer to this question is crucial to understanding what rights and obligations heirs and other interested parties have during the succession.
Table of contents
- Inheritance and the Publicity Principle
- Frequently Asked Questions about Inheritance
- Common Mistakes in Inheritance
- Real Examples of Disputes
- What the Law Says
- Summary
Inheritance and the Publicity Principle
The principle of openness is a fundamental part of Swedish law and means that the public has the right to access public documents kept by authorities. According to the Freedom of the Press Ordinance (TF) and the Publicity and Secrecy Act (OSL), a document is considered public if it has been received by or drawn up by an authority.
The estate, which is a compilation of the deceased's assets and liabilities, must by law be submitted to the Tax Agency for registration and thus becomes a public document. This means that anyone has the right to request a copy of an estate record from the Tax Agency. Estate records that are older than 20 years are stored at the National Archives and can be ordered from there.
The inheritance document, on the other hand, which is the document that shows how the inheritance is to be distributed between the heirs, does not need to be submitted to any authority. It is a private agreement between the estate owners and therefore does not become a public document. Only if the inheritance document were to end up with an authority for some reason, for example in the event of a legal dispute, could it be covered by the principle of publicity.
Frequently Asked Questions about Inheritance
1. What is an inheritance deed?
The probate document is a legal document drawn up to specify how the deceased's assets are to be distributed between the heirs. This document is based on the previously prepared estate register and may include real estate, bank funds, securities and other assets.
2. Can you draw up a deed of inheritance yourself?
Yes, the deceased estate owners can draw up a deed of succession themselves. However, it is often recommended to hire a lawyer to ensure that everything is done correctly, especially if the inheritance is extensive or if there is a risk of conflict.
3. What happens if the heirs do not agree?
If the heirs cannot agree on how the inheritance should be distributed, an executor can be appointed by the district court. The executor then has the mandate to carry out a forced inheritance, which means that the inheritance is divided according to the law, even if it is not what all the heirs wish.
4. Is it mandatory to draw up an inheritance document?
A probate deed is only necessary if there is more than one co-owner. If there is only one co-owner of the deceased's estate, no probate deed is needed as all assets automatically pass to this co-owner upon registration of the estate.
Common Mistakes in Inheritance
One of the most common mistakes is not drawing up the deed of inheritance in accordance with the estate register or forgetting to include important assets. Another mistake is that the heirs do not agree on the valuation of the assets, which can lead to protracted conflicts. To avoid such problems, it is important that the heirs cooperate and seek the help of legal expertise when necessary.
Real Examples of Disputes
A real example is when heirs have not been able to agree on the distribution of a property. This led to the appointment of an executor, who in accordance with the law forced a sale of the property at public auction. Although this resolved the conflict, it resulted in the property being sold at a price well below market value, meaning that all the heirs received less than they expected.
What the Law Says
According to the Inheritance Code (ÄB), all forms of inheritance are regulated, including how inheritance documents must be drawn up and what applies in the event of disagreement among the heirs. It is important that all co-owners of the estate sign the deed of inheritance for it to be valid.
Summary
The transfer of inheritance is a private agreement between the deceased estate owners and therefore does not become a public document, unlike the estate register, which is public and can be requested from the Tax Agency. It is important that the deed of inheritance is drawn up correctly and that all co-owners of the estate agree to avoid future conflicts. In case of disagreement, an executor can be appointed to forcibly distribute the inheritance according to the law. Hiring legal expertise can be critical in avoiding common mistakes and ensuring a smooth process.
