We have seen many times in Duckburg that Scrooge McDuck disinherits Donald Duck. But if Duckburg were located in Norway, could Scrooge McDuck do that under Norwegian law? Could Donald be disinherited under Norwegian inheritance law? The answer is yes! In this article, you will learn about the possibilities and limitations that apply.
Who can you disinherit?
Donald is Uncle Scrooge's nephew. If Donald is to be an heir under Norwegian inheritance law, it must be because Uncle Scrooge has no direct heirs. Direct heirs are children, grandchildren, etc. If Uncle Scrooge has no direct heirs, the inheritance goes to his parents, and if they are deceased, to his parents' children, i.e. Uncle Scrooge's siblings. If they are also deceased, his siblings' children inherit according to the law. And this is where Donald comes into the picture. So Donald can be an heir according to the law. But he can also be favored in a will.
In any case, Uncle Scrooge has the right to disinherit him. Uncle Scrooge is completely free to deprive Donald of his rights as an heir or beneficiary. He can do this by drawing up a new will. Donald's right to inherit is therefore not so strong that it cannot be taken away from him.
It is not only nephews and nieces that you can disinherit. You are completely free to disinherit all testamentary heirs or relatives who are more distant than direct heirs (children, grandchildren, etc.).
Who cannot be disinherited?
The only people who are entitled to a compulsory portion of the inheritance under the Inheritance Act are the heirs. Under the Inheritance Act, which came into force on January 1, 2021, the compulsory portion amounts to two-thirds of the estate left by the deceased. This means that you can always dispose of one-third of the estate in your will. This is known as the free third.
However, the compulsory portion never exceeds 15 times the basic amount of the National Insurance Scheme per child or per child's line. If the basic amount of the National Insurance Scheme is NOK 100,000, each child or each child's line will not be able to claim more than NOK 1,500,000 as compulsory inheritance. If you have one child and assets worth NOK 10,000,000, you are free to dispose of NOK 8,500,000 in your will.
Is there no way to completely disinherit an heir?
Yes, there is an exception to this rule. If the heir has committed a criminal offense punishable by one year or more of imprisonment against you or your close family, you can disinherit the heir completely by will. For such a will to be valid, it must be confirmed by the Norwegian Civil Affairs Authority.
Can a lawyer arrange more than this?
A lawyer can advise you and draw up a will based on the rules you have read about here. But a lawyer can also advise you on other options available. A solution can often be found in a combination with a gift during your lifetime, perhaps through a prenuptial agreement with your spouse.
Lawyer (H)
The author of this article is a lawyer with the right to appear before the Supreme Court. He has worked with inheritance law for more than 20 years.