Convention between Norway, Denmark, Finland, Iceland and Sweden on inheritance and estate change.
Date LAW-1934-11-19 Ministry of Justice and emergency Ministry last edited law-2015-08-28-998 from 01.09.2015 Published entry into force 01.01.1936 change the Announced short title Nordic Convention on heritage and culture change.
Chapter overview: in. Inheritance and testament.
II. Arvelaterens debt.
Iii. Change Management.
IV. Almindelige provisions.
The Convention is ratified for Norway's person by res. 30 nov 1934. The 5 sig nat arm akt ratifikasjons documents were deposited in the Copenhagen June 14 1935. The Convention came ikr. 1 jan 1936. -See laws 21 feb 1930 § 128, 3 March 1972 No. 5 § 76.
In the. Inheritance and testament.
Art 1. The provisions of this Convention be applied to questions of inheritance and testament for a person who at his death was a citizen and was a resident of a Contracting State, if nothing else comes of the European Parliament and the Council's Regulation (EU) No. 650/2012 on the skill, choice of law, recognition and enforcement of judgments as well as the recognition and enforcement of the confirmed documents in connection with inheritance and on the introduction of a European genetic evidence.
Art 2. When arvelateren not have decided something else after article 3, applies to questions about the right to inherit after him or her, the law of the Contracting State in which he or she was a resident at his death. About the exceptional cases stated in all the circumstances of the case that the deceased at his death obviously had a closer connection with another Contracting State than to the State if the law were to be applied in accordance with the first paragraph, to the law of the other State applies to the question of the right to inheritance.
Art 3. A arvelater can determine that the right to inherit after him or her to follow the law of the Contracting State in which he or she at the time of ratification or at his death is a citizen. A arvelater who is a citizen in several Contracting States, to choose the law in one of the States where he or she is a citizen at the time of ratification or at his death.
About arvelateren has determined that the law in a non-Contracting State is to be applied, tested the validity of the fix len in each Contracting State by the General rules that apply there.
Art 3a. The determination of the choice of law to be given in the form that applies to a testament to be valid or be disclosed in the terms of a testament. A revocation of the adoption to be valid shall be made in the form that applies to the revocation of a testament. By trial of about fixing or the callback is valid is displayed it to article 8.
Art 3b. A Contracting State may decide that a determination of the choice of law under article 3, of a arvelater resident in the State at the time of ratification, only applies to the arvelaterens spouse or partner by an estate shift in this State, if the determination is communicated this spouse or partner.
Art 4. (Repealed by agreement 9 des 1975.)
Art 5. (Revoked by consent 1 June 2012 (ikr. 1 sep 2015 CISPR announcement 28 aug 2015 Nr. 998).
Art 6. (Revoked by consent 1 June 2012 (ikr. 1 sep 2015 CISPR announcement 28 aug 2015 Nr. 998).
Art 7. (Revoked by consent 1 June 2012 (ikr. 1 sep 2015 CISPR announcement 28 aug 2015 Nr. 998).
Art 8. Arvelaterens testament is considered with respect to the shape as valid when it meets the form requirements of the law of the place where the will was made, or where the testator had their domicile by either the creation or at his death, or in a State that testator was a citizen of either by the creation or at his death. For as far as the will pertaining to real estate, it shall, with regard to the shape also considered valid when it meets the form requirements of the law of the place where the property is located. The rules in the first paragraph gets the corresponding application by amendment or revocation of testament. The callback will be with regard to the shape also considered valid when it fills the requirements of the legislation in which it recalled the will according to the rules in the first paragraph was valid as to form.
Had the testator by law in a non-Contracting State domiciled in this State, this can be invoked instead of residence in the case covered by the first and second paragraph.
It occurs by the way after the first, second or third paragraph questions to apply the law in a non-Contracting State, applies, rather than the General rules that apply in this area in each Contracting State.
Art 9. A matter of arvelaterens the expertise to create or utilbakekalle a testament be judged according to the law of the Contracting State if the law under article 2 or 3 is to be applied on the question of the right to inheritance after it died. Arvelateren shall also be deemed to have had the expertise to create or revoke the will if he or she had such expertise after the law of the Contracting State in which he or she at the time of the creation or the callback was a resident. About that time by arvelateren was a resident of a non-Contracting State, applied the General rules in force in each Contracting State.
Art 10. A question about the Testament or back due to invalidity kallets testators State of mind or because of deceit, delusion, coercion or other undue influence be judged according to the law in the States where the testator was residing when the will was created or revoked. Whether the testator by that point in time was a resident of a non-Contracting State, applied the General rules in force in each Contracting State.
Art 11. If a citizen of a Contracting State at his death was a resident in Finland or Sweden, the where current laws are applied in the matter of testamentsklander (an heir that will attack a testaments validity, must travel case within a certain time after the will is declared for him). Provisions in Norwegian law on the Court after a testament and objections against the validity of a testament to be made applicable within certain deadlines, will also apply to a testament for a citizen in another of the States, unless he or she by the death was resident in Norway.
Art 12. About arvelateren has entered into a arvepakt, provided a dødsgave or it is waived on inheritance to arvelateren, the giver of the gift agreement or binding effect be judged after the State's law that at the time of the appointment or the gift for article 2 or 3 applied for the right to inherit after him or her. The same applies to questions about the assets that an heir has received by the arvelateren while this was alive, to be considered as advance on inheritance.
If a question arises after the first or second paragraph about the application of the law in a non-Contracting State, applied the General rules that apply this in each Contracting State.
Art 13. The special rules that apply in some of the States about an inheritance right to real estate with accessories, or if a arvelaters access to by testament to dispose of such property for the benefit of some heirs, applicable to property in this State. the right to through to hit the forføininger testament fideikommissariske of real estate or other forføininger of real estate for the benefit of the unborn be judged also according to the law of the State where the property is located. On the right to see such forføininger over other than real estate comes this Convention is not applicable.
Art 14. Is where the adopted child after a citizen of one of the States, and is given in a adopsjonsbevillingen of these States subject to the right of the adoptanten to conclude the adoption to prevail over their efterlatenskaper, should this subject have validity also in the other States.
Art 15. (Revoked by consent 1 June 2012 (ikr. 1 sep 2015 CISPR announcement 28 aug 2015 Nr. 998).
Art 16. On the question of the limitation period of the right of inheritance or endowment after a arvelater applied the law in the State that under article 2 or 3 applies to the right to inheritance after him or her.
II. Arvelaterens debt.
Art 17. On the matter of inheritance for a liability debt after a citizen of a Contracting State, or for the fulfillment of the endowment or a testament injunction, applied the law in the Contracting State in which he or she was a resident at his death.
Art 18. Preklusivt notice that is made out of the estate, the effect for known claims, when the claimant is resident in one of the other States and not in time have been given special notification of proklamaet and its effect or otherwise have gained knowledge of this.
Iii. Change Management.
Art 19. The treatment of an estate and switch between the deceased's heirs and a surviving spouse, when the deceased was a citizen of a Contracting State, take place after the Act in the Contracting State in which he or she was a resident at his death, and to hear under the courts or some other authority in this State for as far as the law close the treatment to court or authority. Has a surviving spouse who is a citizen of one of the States, sitting in the uskiftet live, and the estate is going to be changed by law, takes place in the treatment of States where the surviving is or at his death was a resident, and, to the extent the law prescribes that, under interaction of this state courts.
The processing of the estate should also include Fortune found in the other Contracting States.
Art 20. A surviving spouse's right to at the change to utta specific assets against or without consideration be judged by the law which under article 19 is the determining factor for the management of the estate. The same applies to your spouse's access to at the change to get an extension to disburse inheritances that the inheritance get lien for his claim, yet so that the mortgage right in the assets that exist in the other States, can only be stapled by the rules that apply there.
Art 21. Dispute about the right to inheritance or Endowment for one that was a citizen of one of the States and was a resident of one of them, if a surviving spouse's rights or if a claim was made that are applied against the death the estate and not against the lottery ticket the owners personally, under the courts of the State if allowed by article 19 is the determining factor for the management of the estate. Are the parties agree, the dispute can be brought in another of the States unless the estate is under the management of the Court, testaments executor, trustee or of the court appointed boutredningsman, or skiftesman, or the dispute comes to attack on the break in such a stay. Issue about the validity of a testament for a arvelater who was resident in Finland or Sweden (testamentsklander), may not be raised in the other States. The same applies to attack on the break after a arvelater who was a resident of Finland (klander).
Art 22. Is there in another of the States than it if law is the determining factor for the proceedings, Fortune objects that belong to the estate, to the courts of the State where the artifacts are, after the petition make sure registration and temporary preservation of the artifacts and for the sale of items not appropriate allows sig opbevare. By the way to the authorities of the latter State aid at the height after the petition proceedings to the extent that it may be required according to the law in this State. The petition can be directed immediately to the competent authority. Costs can, if fornødent, required paid in advance. Skriftstykker that are avfattet in Finnish or Icelandic shall be accompanied by a verified translation into Danish, Norwegian or Swedish.
Is the death takes place in a different State than the one where the deceased was a resident, to efterlatte assets also without petition be taken into custody after the on site the current regulations.
Art 23. Is an estate as referred to in article 19 during the processing of the trustee in Denmark or public shift processing in Iceland or Norway, the statutory provisions that restrict a proof of claim access to enforcement havers facing the estate, also be applied with regard to assets that are located in a different State than the one where the estate is being processed. This is not the access to collectible taxes or other government fees that are imposed in the State where the assets are, or the access to get coverage of the items that the claimant has a lien or tilbakeholdsrett in.
Art 24. Is an estate as referred to in article 19 during the processing of the trustee in Denmark or public shift processing in Iceland or Norway, the provisions of article 7 of the Convention on bankruptcy of 7. November 1933 the corresponding application by the decision of the question of preferential treatment of claims.
Art 25. Statutory provisions in one of the States that the thing is required for the clearing of rights that is received by legal trade or by writ of execution or utpantning, to have validity to an estate, will not apply to Fortune objects which by the death can be found in the other States.
Art 26. So far the application of the preceding provisions depends on how a Fortune article exists, a claim that belonged to arvelateren, is considered to be in the State if the law in article 19 is the determining factor for the management of the estate. Is the receivable related to promissory note or other document if the deposit is required to make the current, is considered the dog to be in the State where the document is located. Registered or deemed steered the luftfartøi to be in the State where it has home place.
IV. Almindelige provisions.
Art 27. Have a court in one of the States hit decision that a stay as referred to in article 19, shall be treated by the Court, probate, trustee, executor or testaments boutredningsman, or that it should be left to plumb the owners themselves, or be replaced with the complicity of a changed man, the decision is binding also in the other States.
Art 28. The law of the State where recognition or enforcement is to take place, apply to the recognition and enforcement of decisions and settlement of right to inheritance or endowment, of a surviving spouse's rights, about the estate shift and about responsibility for a arvelaters debt.
Art 29. This Convention shall not apply when arvelateren is dead before the Convention's entry into force, nor when a surviving spouse has served on the uskiftet live and the first deceased spouse is dead before the mentioned date.
Art 30. The Convention will be ratificeres, and ratifikasjons the documents to be deposited in the Danish Utenriksministeriums file as soon as can happen. The Convention enters into force between the ratificerende States the 1 January or 1 July that occurs when three months is the course of events after at least three of the States have deposited their ratifikasjons documents. In relation to the later ratificerende States shall enter the Convention in force January 1st, or the July 1 that occurs when three months is the sequence of events from the deposit of the ratifikasjons document.
Any of the States, in relation to each of the other say op Convention with a time limit of one year to the subsequent ophør January 1 or July 1.