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Laglottens vara eller icke-vara - en utredning om laglottens berättigande i dagens samhälle

Olsson Storckenfeldt, Sofie LU (2014) LAGF03 20142
Department of Law
Faculty of Law
Abstract
The Swedish law of succession includes a right for the direct heir to retain half of the property in heritage. It is a very strong right, since it is mandatory and goes before a will that trespasses the disposable quota, which is the part of the heritage that the deceased are allowed to dispose through a will. This right is called statuary share of inheritance.

The purpose of this essay is to investigate the motives behind the statuary share of inheritance and their change through time. The essay further investigates if the motives leading to the formulation of statuary share of inheritance are the same as when they were initially established back in the 1850’s, or if these have been renewed. The conclusion will recommend whether or not... (More)
The Swedish law of succession includes a right for the direct heir to retain half of the property in heritage. It is a very strong right, since it is mandatory and goes before a will that trespasses the disposable quota, which is the part of the heritage that the deceased are allowed to dispose through a will. This right is called statuary share of inheritance.

The purpose of this essay is to investigate the motives behind the statuary share of inheritance and their change through time. The essay further investigates if the motives leading to the formulation of statuary share of inheritance are the same as when they were initially established back in the 1850’s, or if these have been renewed. The conclusion will recommend whether or not the current statuary share of inheritance should remain in the Swedish legislation as currently present or not.

The essay follows a legal dogmatic method with a legislative development perspective, while maintaining the general principle of law as a tool. In the existing law of inheritance in Sweden, the statuary share of inheritance regulation is similar to that practised during the middle ages. Here, the purpose was merely to hold the family’s property together and to ensure that the property did not get divided due to inheritance.

There were two primary purposes behind the statuary share of inheritance; to protect the direct heirs inheritance rights, and justice between heirs. The question is whether these purposes are strong enough to limit the testators’ will and testamentary freedom.
The statuary share of inheritance has been accused of being out-of-date and not in line with modern society and recent developments. Through the years, more and more rules in the law of succession have emerged. Many of these new laws restrict the testators’ wills. The legislations regarding an advance on inheritance for the surviving spouse and children from a previous marriage have been strengthened.

In the modern legal policy debates opinions are divided regarding the statuary share of inheritance “be or not to be”. Using the lege ferenda-reasoning I will draw my own conclusions regarding necessary changes or compromises to the Swedish inheritance laws, with particular emphasis on the statuary share of inheritance systems. (Less)
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author
Olsson Storckenfeldt, Sofie LU
supervisor
organization
course
LAGF03 20142
year
type
M2 - Bachelor Degree
subject
keywords
arv, arvsrätt, laglott, testationfrihet
language
Swedish
id
4925276
date added to LUP
2015-01-28 16:10:56
date last changed
2015-01-28 16:10:56
@misc{4925276,
  abstract     = {The Swedish law of succession includes a right for the direct heir to retain half of the property in heritage. It is a very strong right, since it is mandatory and goes before a will that trespasses the disposable quota, which is the part of the heritage that the deceased are allowed to dispose through a will. This right is called statuary share of inheritance.

The purpose of this essay is to investigate the motives behind the statuary share of inheritance and their change through time. The essay further investigates if the motives leading to the formulation of statuary share of inheritance are the same as when they were initially established back in the 1850’s, or if these have been renewed. The conclusion will recommend whether or not the current statuary share of inheritance should remain in the Swedish legislation as currently present or not. 

The essay follows a legal dogmatic method with a legislative development perspective, while maintaining the general principle of law as a tool. In the existing law of inheritance in Sweden, the statuary share of inheritance regulation is similar to that practised during the middle ages. Here, the purpose was merely to hold the family’s property together and to ensure that the property did not get divided due to inheritance.

There were two primary purposes behind the statuary share of inheritance; to protect the direct heirs inheritance rights, and justice between heirs. The question is whether these purposes are strong enough to limit the testators’ will and testamentary freedom.
The statuary share of inheritance has been accused of being out-of-date and not in line with modern society and recent developments. Through the years, more and more rules in the law of succession have emerged. Many of these new laws restrict the testators’ wills. The legislations regarding an advance on inheritance for the surviving spouse and children from a previous marriage have been strengthened.

In the modern legal policy debates opinions are divided regarding the statuary share of inheritance “be or not to be”. Using the lege ferenda-reasoning I will draw my own conclusions regarding necessary changes or compromises to the Swedish inheritance laws, with particular emphasis on the statuary share of inheritance systems.},
  author       = {Olsson Storckenfeldt, Sofie},
  keyword      = {arv,arvsrätt,laglott,testationfrihet},
  language     = {swe},
  note         = {Student Paper},
  title        = {Laglottens vara eller icke-vara - en utredning om laglottens berättigande i dagens samhälle},
  year         = {2014},
}