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Do I get the compulsory inheritance?

16. December, 2020

Birgir Már Björnsson, attorney and partner at LEX, discusses inheritance in the business section of the Icelandic newspaper Morgunblaðið today. In recent judgments of the Icelandic Supreme Court in cases no. 7/2020 and 8/2020 the interplay between the domicile rule of Icelandic inheritance law and the American rule on a specific form of partnership rights, so-called joint tenancy with a right of survivorship (JTWROS) was tested. The conclusion of the Supreme Court was to deviate from the domicile rule and let the legal position instead be determined by the law of the foreign state. Through the exercise of foreign cohabitation rights, such as JTWROS, a party resident in Iceland may be able to deprive their heir of the compulsory inheritance in whole or in part, even though Icelandic law applies to his estate and the property has been registered as the deceased’s property until death.

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