Convention Between Norway, Denmark, Finland, Iceland And Sweden On Inheritance And Estate Probate

Original Language Title: Konvensjon mellem Norge, Danmark, Finnland, Island og Sverige om arv og dødsboskifte

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Prevention of Norway, Denmark, Finnland, Iceland and Sweden on heritage and death-changing.

Date LO-1934-11-19
Ministry of The Justis and the Department of Emergency
Last modified LO-2015 -08-28-998 from 01.09.2015
Published
Istrontrecation 01.01.1936
Changing
Announcement
Card title Nordic convention on heritage and death-shifting.

Capital overview :

The Convention is ratified for Norway's person by the res. 30 Nov 1934. The 5 signatars ratification documents were deposited in Copenhagen 14 June 1935. The Convention stepped out of ikr. 1 jan 1936 -See laws 21 Feb 1930 Section 128, 3 March 1972 # 5 SECTION 76

In ; Inherent and testament. The Art 1.provisions of this Convention are applied to the issue of inheritance and testament after a person who by his death was a citizen and was settled in a contravening state, if nothing else follows by the European Parliament and the Council of the Council (EU) 650/2012 about competence, legislative, recognition and consummation of Judge as well as recognition and consummation of confirmed documents in communications with heritage and about the introduction of a European heritage evidence.
0 Modified at the agreements 9 des 1975, 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 2.When the Inheritance has decided nothing else after article 3, is applied to questions about the right to legacy after him or her, the law of the controversy in which he or she at his death was settled.

Whether the exception is evident by all circumstances in the case that the deceased by its death clearly had a closer association with a different counterend state than to that state if law should be used in accordance with the first clause, the law in the second state shall is applied to the question of the right to heritage.

0 Modified at the agreements 9 des 1975, 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 3.An inheritance may determine that the right to inheritance after him or her shall follow the law in the controversy of the controversy in which she or he at the time of determining or by his death is a citizen.

An inheritance that is a citizen of several counterliving states can choose the law in one of those states where he or she is a citizen at the time of determining or by his death.

Whether the herherator has stipulate that the law in a non-counternation state shall be applied, the validity of the determining state in each counter-herding state after the common rules applicable there.

Art 3a.Determining of the Law of Law shall be given in the form that applies to a testament to be valid or to progress of the terms in a testament. A callback of the determining shall to be valid be made in the shape that applies to the callbacks of a testament. By trial of whether determining whether the determining or callback is valid, it is shown to Article 8.
0 Added on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 3b.A contrasting state could determine that a determining of the legislature after Article 3, of an inherited residence in that state at the time of determining, only applies to the inheritance's spouse or roommate at a death-shifting in this state, if determining is the co-ducer of this spouse or the sambo.
0 Added on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 4. (Raised at the agreement 9 des 1975.) Art 5. (Raised at agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998). Art 6. (Raised at agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998). Art 7. (Raised at agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998). Art 8.Arvelatman's testament is deemed to the shape as valid when it satisfies the formalrequirements of the law at that place in which the will was created or where the tetrator had his residence either at the creation or by his death, or in a state that testator was a citizen of either at the creation or by his death. For as far as the will concerns fixed property, it shall with respect to the shape also be deemed valid when it satisfies the formation requirements of the law on that place where the property is located.

The rules in the first clause are given the corresponding Applicability of change or callbacks of the testament. The callback shall with respect to the shape also be deemed valid when it fills the requirements in legislation where the recalled will of the rules in the first clause were valid with respect to the shape of the form.

Had the testator after the law in a non-countertop state domisil in this state, this can invoke instead of residence in those case that be retaken by the first and other clause.

Oppon, by the way, after the first, second or third clause questions about invoking the law in a non-contratherly state, the uses instead of the general rules that apply to this area of each counter-era state.

0 Modified at the agreements 9 des 1975, 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 9.A question of the inheritance's competence to create or unrecalling a testament to the rule of law in the controversy state if law after Article 2 or 3 shall be applied to questions about the right to inheritance after the death. The Arvelatis shall also be deemed to have had the competence to create or recall the will whether he or she had such competence after the law in the counterend state where he or she at the time of the creation or callbacks were settled. Whether the inheritance at the appropriate time was settled in a non-contratherly state, the common rules of the common rules apply in each counternation state.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 10.A question of the testament or recall of the recall due to test-ators state of mind or because of betrayal, error, coercion or other unpredation of the law in it of the states where the testator was settled at the time The will blev created or recalled. Whether the test ator at the appropriate time was settled in a non-contratherly state, the common rules of the common rules apply in each counternation state.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 11.About a citizen of a counternation state by his death was settled in Finland or Sweden, shall the current law be used in question of testament to a testament to a testament, must travel case within a certain time after that the will be recited to him).

Provisions in Norwegian law that the court after a testament and objections to the validity of a testament shall also be made an inquiry on a testament after a citizen in another of the states, if he or she at The death was settled in Norway.

0 Modified at the agreements 9 des 1975, 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 12.About The Inheritance has entered a succession pact, given a death gift or it has been waived to the inheritance of the heir, shall the agreement or gift-binding effect be judged by the state law as at the time of the agreement or the gift of article 2 or 3 was about for the right to inheritance after him or her.

The same applies to questions of funds as an heir has received by the inheritance of the Athitor while this lived shall be deemed advances on inheritance.

Whether a question arises after the first or second clause of the Applicability of the Act in a non-contratherly state, the common rules apply to this in each contratherly state.

0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 13.The Honest rules that in the nogen of the states apply to whether an heir's right to fixed property with accessories, or if a heralers access to by testament to the benefit of individual heirs, is given the use of property in this state.

The court of reem wills to hit fideikissaric premoles over solid property or other moles over solid property to the benefit of the unborn sediments of the law in the state where the property is located. On the right to meet soform premoles over other than fixed property, this convention does not come to the Applicability.

Art 14.Is where adopted children efact a citizen in one of the states, and is adoption grant granted in one of these states with reservations about right for the adoption of adoption to without the adoption of their efterity, shall this be for validity also in the other states.
Art 15. (Raised at agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998). Art 16. On the issue of the statute of the rights of the court or legate after an inheritance of the law in the state that after article 2 or 3 applies to the court of inheritance after him or her.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
II. Arvelant's debt. Art 17.On Questions of a successor for debt after a citizen in a counterend state or for the fulfillment of legation or testament to the law in the contratherly state where he or she was settled by his death.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 18. Preclussively prokama that is unfinable in the estate, does not get effect for known forecasters, when the foraging holder is settled in one of the other states and does not in time have received any particular subdirection about the proclamation and its impact or otherwise has received knowledge of this.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
LII. Skiing treatment. Art 19.treatment of a estate and shift between the deceased's heirs and a reliving spouse shall be when the deceased was a citizen of a counternation state, taking place after the law in the controversy state where he or she at his death was settled, and shall hear under the courts or any other authority in this state for as far as the law enlays the treatment of the court or authority.

Has a reliving spouse who is a citizen of one of the states, sat in the unchanging residence and the estate is to be replaced, the treatment of the law in it of the states where the reliving is or by its death was settled, and, in the extent that the law prescribed that, under the involvement of this state courts.

The treatment of the estate shall also include wealth that exists in the other contrathersome states.

0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 20.A reliving spouse right to by the changing of the boys decided formauesitems against or without any judgment of judgment after the law that after article 19 is grandstanding for the treatment of the estate. The same goes for the spouse's admission to by changing the delay of paying a disinhered against that the heir gets panterett for its foraging, nonetheless so that panteret in formuesitems that exist in the other states can only be stapled by those rules that applies there.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 2Tvist about the right to inheritance or legacies after someone who was a citizen in one of the states and was settled in one of them, about a reliving spouse rights or about an aging being made current against the estate of death and not against the solders personally, hear under the courts of the state whose law after article 19 is the grandparent of the treatment of the estate.

Are the parties to agree, can the dispute be raised in another one of the states-less estate is under the treatment of court, testament, residence manager, or one of the court appointed boutrescuers or shift-man, or the dispute applies to attacks on the shift in such a living. Case in point of the validity of a testament after an inheritance that was settled in Finland or Sweden (testament to the country) cannot be raised in the other states. The same is true for attacks on the shift of the shift of a inherited water that was settled in Finland (kander).

0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 22.Is there in any other of the states than the one whose law is best-buzzing for the boggling, formating items belonging to the estate, shall the courts of the state where the artefacts exist, efts motion to provide registration and temporary preservation of The items and for sale of items that do not appropriate allow siloppreserve. By the way, the government of the latter state of the latter state of the latter is filing for the state of motion by the botreatment in the extent that it can be required efforting the law in this state.

The petition can be corrected immediately to the person's authority. The reductions can, if the preemergency, are required paid upfront. The written pieces that are authored in Finnish or Icelandic shall be accompanied by confirmed translation into Danish, Norwegian or Swedish.

Is the death occurred in a different state than the one where the deceased was settled, efterte's belongings should also be without motion taken into custody, they at the site's current regulations.

Art 23.Is a death-living as mentioned in Article 19 during the treatment of the housing manager in Denmark or public-changing treatment in Iceland or Norway, the legislator shall be subject to compulsions of forced consummation to the estate, also uses with respect to formauesitems that exist in a different state than the one where the estate is treated. This applies to the dog not the adhall to incorporation taxes or other public fees imposed on the state where the artefacts exist, or the adhall to obtain coverage of items that the foraging holder has panterone or retrocorrect in.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 24.Is a death-living as mentioned in Article 19 during the treatment of the book manager in Denmark or public-shifting treatment in Iceland or Norway, the provisions of Article 7 of the Convention are given for bankruptcy of 7. November 1933 Equivalent Applicability at the decision of the question of the forestage of the past changes.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 25.Lawregulations in one of the states that the tinglation is necessary for the rights of rights that are commonwealth or by outlay or mortgage, shall have validity of a death-living, is not going to the ancability of formalobjects as by The death exists in the other states. Art 26.Forfar the applicability of the anchors depends on where a formality object exists, shall a foraging that belonged to the inheritance of the state if law enforcement article 19 is grandstanding for the treatment of the estate. Is the promotion related to the debt letter or other document if forescreening is necessary to make the current, sedices the dog to be in the state where the document exists.

Recorded skib or air traffic in the sees to be in the state where it has homelered.

TWELVE. Almintible regulations. Art 27.Has a court in one of the states met with the decision that a living as mentioned in Article 19, shall be processed by court, shifter, estate manager, or housing rescuers, or that it is to be left to the solder himself, or be replaced with The involvement of a shift-in-man, the decision is binding also in the other states.
0 Modified on agreement 1 June 2012 (ikr. 1 sep 2015 ifg. announcement 28 aug 2015 No. 998).
Art 28.The law of the state where recognition or consummation shall occur, applies to recognition and consummation of decisions and settlement of the right to inheritance or legacies, about a reliving spouse of rights, about death-changing and about liability for an inherited debt.
0 Modified at the agreement 9 des 1975, but the former species. 28 shall dog apply to the Convention 16 March 1932 between the Nordic countries on recognition and consummation of judge has been repeatable and replaced with new rules. The Convention of 1932 has now meaning only to judge older than from 1978 and only in relation to Iceland.
Art 29.This convention is not going to the ancability when the herherator is dead before the Convention's Commencement, nor when a reliving spouse has been sitting in the unchanging living and the first deceased spouse is dead before the mention of time. The Art 30.Convention shall be ratified, and the ratification documents shall be deposited in the Danish Foreign Ministry's archive as soon as happen can.

The Convention takes effect the ratification of the ratified states on 1 January or on 1 July that occurs when three months are the factor that at least three of the states have deposited their ratification documents. In relation to subsequent ratification states, the Convention in effect on January 1 or the 1 July that occurs when three months is the process of the deposits of the ratification document.

Any of the states can in relation to each of the other say op Convention with a due date of one year to op-hear the subsequent 1 January or 1 of July.