Law (2015:417) Of Inheritance In International Situations

Original Language Title: Lag (2015:417) om arv i internationella situationer

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2015:417

Chapter 1. The law's content



Genetic regulation



section 1 in Chapter 2. There are provisions which complement

European Parliament and Council Regulation (EU) No 650/2012 of

on July 4, 2012 on jurisdiction, applicable law, recognition

and enforcement of judgments and acceptance and

enforcement of authentic instruments in matters of succession and

on the creation of a European certificate of succession, in the

original wording (gene regulation).



The Nordic Heritage Convention



section 2 of Chapter 3. provisions transposing the Convention

on 19 november 1934 between Sweden, Denmark, Finland, Iceland

and Norway on inheritance, Testaments and estate administration (the Nordic

Heritage Convention).



Rulings given in States outside the Nordic countries and the EU



section 3 of Chapter 4. contains provisions on the recognition and

enforcement of judgments in States

neither applies genetic regulation or is connected to the

Nordic Heritage Convention.



Chapter 2. Supplementary provisions to the regulation on succession



The scope of this chapter



section 1 of this chapter applies to questions of inheritance in international

situations, subject to 3 or 4.



Special executor



section 2 If a legacy after a person who is not resident in the

Sweden is dealt with in Sweden according to Swedish law and the

decedent's estate will be surrendered to the management of

executor, the executor appointed cannot be

Inheritors or otherwise dependent on the investigation

(Special executor).



A special executor must also be appointed if a legacy to

dealt with in Sweden and an executor shall be appointed in accordance with

Swedish law, despite the fact that foreign law otherwise applicable to

heritage. However, this applies only if the subject

gene regulation.



If a probate is to be notified when a specific

executor has been appointed under the first or second

subparagraph, the time according to Chapter 20. Article 1, first paragraph

inheritance law is counted from the time when the property was ceded

to the estate's management.



A formal validity of wills



the formal validity of wills, section 3, paragraph A shall be assessed in accordance with

This clause instead of in accordance with article 27 of

gene regulation.



A will shall be deemed valid if it

satisfies the formal requirements of the law of the place where it was created

or the place where the testator at the establishment or at their

deceased had domicile or citizenship. A will which

relating to immovable property shall also be considered valid if

it satisfies the formal requirements of the law of the place where the property

There is.



Second subparagraph shall also apply to the withdrawal of

last will and Testament. A revocation shall also be considered valid to

If the recall satisfies the formal requirements of any of the

laws under which the Testament referred to in the second subparagraph was

valid to the shape.



For the purposes of the second and third subparagraphs shall also place

where the testator by law in that city had domicil counts

that the testator's domicile.



Property which belongs to the Swedish Inheritance Fund



section 4 If, under the law applicable to the succession not

There is no heir or legatee to property

found in Sweden, the asset accrue to the General

the Swedish Inheritance Fund.



A foreign State, municipality, public fund or public institution

should not be considered as an heir for the purposes of the first

paragraph.



The provisional care of property



§ 5 If there is property in Sweden, but Swedish courts or

other authority is not competent to decide about the legacy, the

the Social Welfare Committee, if necessary, take care of the property and take

necessary measures. The death must be notified to the

the Social Welfare Committee of the who have property in their care or

otherwise, the closest to making the notification.

The Social Welfare Board shall submit the property to the competent

to receive it.



If social welfare cannot hand over the property to someone

According to the first paragraph, the Board shall notify the death to

the District Court. The District Court shall order that the property be

surrendered to the management of a special executor to

then it can be submitted to the competent to receive

it.



If the property is of little value, social welfare, instead

to report the death to the District Court pursuant to other

paragraph, submit your property to a related to the

deceased or to utlandsmyndigheten for the State in which the

deceased was a citizen of.



Taking into account of foreign business



6 § In live investigation or legacy made in Sweden shall,

If the law applicable to the succession, considered what

added creditor, heir or legatee for

the corresponding Ordinance after the deceased in another State.



European certificate of succession



section 7 of the tax agency is the competent authority for the issue of

European certificate of succession according to genetic regulation.



section 8 of the tax agency's decision regarding a European certificate of succession

be appealed to the District Court of the place where the deceased had

resident. If the deceased did not have habitual residence in Sweden,

appealed the decision to the District Court of Stockholm.



On appeal the law (1996:242) if

Court cases, subject to

gene regulation.



Recognition and enforcement according to genetic regulation



§ 9 an application for a foreign key to be recognized

or declared enforceable in Sweden according to

gene regulation is made to the District Court. The Government can

support of Chapter 8. section 7 of the Constitution provide for

What are the district courts, which may examine an application.



section 10 of the application for amendment under the regulation of a succession

decision in respect of an application under section 9 is made to

District Court which has issued the decision.



If such an application is made by the person who has made application under

section 9, shall be submitted to the District Court within four weeks

from the date of the decision.



section 11 in the Court of the issues referred to in 9, and

10 § § apply otherwise Act (1996:242) about court cases,

subject to genetic regulation.



section 12 If a decision declared enforceable, implemented

the decision according to the enforcement code in the same way as a

Swedish dom that has a legal effect, unless otherwise

follow the succession regulation.



section 13 Of the District Court by the procedure referred to in article 9 of the

approves an application for a declaration of enforceability, should

the decision of the District Court shall be deemed to include an attachment order

or any other measure referred to in chapter 15.

the code of judicial procedure.



Chapter 3. Special provisions for Nordic conditions



The scope of this chapter



section 1 of this chapter applies in relation to the States

connected to the Nordic Heritage Convention.



Probate



section 2 Of the inheritance is handled in Denmark, Finland, Iceland or

Norway and Sweden it is the property that belongs to the nest,

The tax agency at the request of estate administration appoint a

appropriate person to conduct probate. In the estate inventory

should the estate assets in Sweden is taken up with an indication of

value and liabilities specifically charged to the estate.



Garnishment



3 § If an estate is the subject of the treatment of bobestyrer in

Denmark or Iceland or Norway public parcel and

There is property in Sweden belonging to the nest, as

provided for in the other State's law on the restriction of the

creditor's right to receive payment by seizure out of the decedent's estate

applied to the property in Sweden. However, this does not apply if

in the case of seizure of tax or general levy

imposed in Sweden. It also does not apply if the claim should be

out of the property which constitutes the pawn or as may be maintained to

Security for the claim.



section 4 If the property referred to in paragraph 2 shall be sold by way of execution,

apply to the sale and distribution of

the purchase price was 9 of Act (1981:7) if the effect of

bankruptcy that occurred in the other Nordic country.



Checking



paragraph 5 of the Rules in another Nordic state law that

enrollment in a real estate book or court records

(district search) is a prerequisite to a right

arising out of the contract or other legal act or by

attachment (utlegg or utpantning) to apply to the estate, the

do not apply in respect of property that at the time of his/her death was in

Sweden.



Rules about where certain property shall be deemed to be



section 6, A claim which is based on a promissory notes or

on another debt securities must be presented to

the claim shall be required, for the purposes of

the provisions of this chapter shall be deemed to exist where the plot

There is. Other requirements shall be considered to be in the State under

the law should be stay the investigation.



A registered ship or aircraft to be deemed to be in

the State of domicile.



Court decisions about estate management



section 7 If a court in Denmark, Finland, Iceland or Norway have

decided that an estate after a citizen of a Nordic state

as at the time of his death was domiciled in Denmark, Finland, Iceland or

Norway shall be disposed of by the Court of Justice or Court of inheritance,

executor, executor or bobestyrer, or

to the nest should be subject to investigation and shift through

some owners ' merchandise or shifted with the involvement of

executor, should the decision be valid in Sweden.



The first subparagraph shall apply only if the decision is not inconsistent with a

judgment given by a court or other

authority which is competent pursuant to the regulation on succession.



Division of property following the husband's death



section 8 Division on the occasion of a husband's death to be settled

Swedish law if the deceased person was a national of Denmark, Finland,

Iceland or Norway, and at his death was habitually resident in Sweden.



Division of property following the husband's death are also


under Swedish law if a surviving spouse who is a national of

Denmark, Finland, Iceland or Norway have been in the undivided live

and he or she is domiciled in Sweden. The same applies if the

a surviving spouse has been sitting in the undivided live and at the time of his death

was a national of Denmark, Finland, Iceland or Norway, and then

resident in Sweden.



§ 9 in the Division on the occasion of a husband's death which are held

in Sweden after a citizen of another Nordic State should

all the assets and liabilities of the spouses in Sweden and

abroad are covered.



section 10 A question relating to the Division of property due to a spouse's

death shall be dealt with by a Swedish court or other authority, if

Division of property are held in accordance with Swedish law according to § 8.



A dispute concerning Division of property following the husband's death

may also, in spite of the fact that the Court in another Nordic state is

jurisdiction, is taken up by a Swedish court if the parties agree

It does not apply if the estate is subject to

treatment of court, executor, bobestyrer or

by court-appointed executor or executor or

If the dispute involves criticism of the Division.



Recognition and enforcement



section 11 in respect of the recognition and enforcement of a judgment or

settlement from Denmark, Finland, Iceland or Norway if correct

due to inheritance or bequest, the surviving spouse's right,

Bo investigation or parcel by reason of death or

responsibility for the dead man's debts law (1977:595) about

recognition and enforcement of judgments in the Nordic

Civil and commercial matters. If the law does not apply, apply 4

Chapter, subject to genetic regulation, or

the law (1990:272) on international issues relating to children and

property rights for cohabiting couples.



Chapter 4. Specific provisions on the recognition and

enforcement of certain foreign judgments



The scope of this chapter



section 1 of this chapter applies to decisions given in

States that neither applies genetic regulation or is

connected to the Nordic Heritage Convention.



Recognition



section 2 of the inheritance or bequest of a court,

other authority or specially appointed executor who has

a final case in Sweden, where the judgment was given

in a State where the deceased had domicile and there is no

obstacles to the recognition under section 3.



section 3 of the foreign judgment is not applicable in Sweden, if



1. judgment has been entered against a party that has not been

defence and which has not become aware of the actions raised in

time to answer in the matter or against a party that otherwise

do not have a reasonable opportunity to bring his action in the

foreign proceedings;



2. the decision goes against a Swedish operative,



3. the decision is contrary to a previously announced foreign

crucial that applies here,



4. in Sweden there is a procedure which may lead to a

contradictory, or



5. it would be manifestly incompatible with the grounds for the

Swedish law to recognise the ruling.



Enforcement



4 of a foreign judgment that is enforceable in the

the Forum, which is valid for Sweden may be executed, if

the ruling has been declared enforceable here.



An application to the judgment shall be declared enforceable in

Sweden is made to the District Court. The Government, with the support of 8

Cape. section 7 of the Constitution provide for the

district courts which may examine an application.



The applicant shall submit with the application the judgment in

original or copy certified by a competent

authority as well as the additional documents that the District Court

need for its review. The applicant shall submit a

translation of documents to the Swedish, unless

the District Court considers that it is unnecessary.



§ 5 in the handling of a case in the Court of

enforceability shall apply in all other respects the law

(1996:242) about court cases.



section 6, If a decision declared enforceable, implemented

the decision in the same manner as the corresponding Swedish

decision in a final. A decision on the coercive

in the ruling, however, does not apply.



Transitional provisions



2015:417



1. this law shall enter into force on 17 August 2015.



2. by law repeals Act (1937:81) on the international

legal relations concerning the estate, the law (1935:44) about the estate

After the Danish, Finnish, Icelandic or Norwegian citizen, who had

resident here in the Kingdom, etc., Act (1935:45) If estate

After the who had residence in Denmark, Finland, Iceland or

Norway and the law (1935:46) on supervision in some cases on the undivided

estate after citizens of Denmark, Finland, Iceland or

Norway.



3. Older provisions still apply for issues with

reason of a death that occurred before

the entry into force.