Inheritance Law

Inheritance Law

MAGNA Lögmenn can assist with matters related to inheritance law.

Will drafting

    • Legally competent individuals may dispose of their assets through a will according to the law.
    • Individuals with children and/or who are married may allocate one-third of their assets through a will, while others may allocate their entire estate through a will.
    • Strict formal requirements apply to wills.
    • MAGNA Lögmenn can assist you with drafting a will.

    Settlement of an estate

    • Private division
        • Upon death, the assets and debts of the deceased need to be divided

        • It is possible to apply for private division of the estate at the district commissioner

        • Inheritance distribution is governed by the Inheritance Act, No. 8/1962

        • For private division, a private division form and an inheritance estate report must be completed

        • MAGNA Lögmenn can assist with private division as well as everything related to it

    • Public division
        • In cases where there is a dispute over the division of an estate’s assets, the matter is often referred for public division.

        • The estate administrator manages the division of assets among the heirs and conducts the division in accordance with the Inheritance Act, No. 8/1962, and the Act on the Division of Estates, etc., No. 20/1991.

        • In public division, it may be necessary to have a lawyer by your side to ensure that your interests are protected.

        • MAGNA Lögmenn have experience with estate administration and representing the interests of heirs in cases where the estate has undergone public division.

    Settlement in case of an undivided estate

      • The surviving spouse has the right to remain in an undivided estate if the parties were married.
      • If the spouses have children from previous relationships, it is necessary to obtain their consent or specify mutual rights to remain in the undivided estate in the will.
      • MAGNA Lögmenn can assist with obtaining permission to remain in an undivided estate.

      Advance inheritance

        • When distributing advance inheritance, it is necessary to complete an inheritance estate report and pay inheritance tax, pursuant to the Inheritance Tax Act No. 14/2004.
        • MAGNA Lögmenn can assist with document preparation for advance inheritance distribution.

        Starfsmenn

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