Best Inheritance Law Lawyers in Glostrup

About Inheritance Law in Glostrup, Denmark

In Glostrup, as in the rest of Denmark, inheritance matters are governed by the Danish Succession Act, known as Arveloven. This law covers how assets are distributed after death, the creation and validity of wills, and the protection of spouses and children through statutory shares called forced heirs (pligtarvinger). The probate process is typically handled by the Danish courts’ probate division, the Skifteretten, which operates across the Capital Region including Glostrup.

When someone dies, the estate must be documented, debts paid, and the remaining assets distributed according to either a valid will or the statutory rules if no will exists. Wills in Denmark must be in writing, signed, and witnessed by two adults to be valid. For complex estates or cross border situations, legal guidance helps ensure proper administration and timely distribution.

Arveloven governs wills, intestate succession, and rights of spouses and children in Denmark, including how estates are divided after death.

Source: Retsinformation

Why You May Need a Lawyer

Practical, real world reasons to hire a Danish inheritance lawyer in Glostrup include complex asset structures and cross border elements. A lawyer can help you navigate the required court processes and ensure compliant documentation.

• Dispute among heirs about home ownership: A Glostrup family cannot agree on who receives the family home, and how the property should be valued and divided after death. A lawyer can help negotiate a bodeling agreement and, if needed, represent you in Skifteretten filings.
• Challenging an unfair will: A child or spouse living in Glostrup may suspect undue influence or lack of capacity when a will disfavors them. Legal counsel can assess validity and file a formal challenge if warranted.
• Cross border assets: An estate includes property in another EU country or a business with international ties. A lawyer helps determine applicable law under EU cross-border rules and coordinates with foreign jurisdictions.
• Executor responsibilities and liability: An appointed executor in Glostrup may face conflicting claims, creditor notices, and deadlines. A lawyer provides guidance on duties, duties to creditors, and potential liability.
• Boafgift and tax considerations: Inheritances and gifts may be subject to boafgift (estate and gift tax) rules. A Danish solicitor helps maximize exemptions and ensures accurate tax reporting.
• Drafting or updating a will: You want a clear, legally sound will that reflects Danish law and ties in with your assets in Glostrup. A solicitor can draft or update the will and address potential challenges.

Local Laws Overview

The following key laws and regulations shape inheritance matters in Glostrup. They define who inherits, how estates are administered, and what taxes may apply.

Arveloven (Succession Act)

Arveloven is the core statute governing wills and succession in Denmark. It sets out rules for both testamentary dispositions and intestate succession, including the rights of a surviving spouse and forced heirs. It also covers will formalities, revocation, and the appointment of executors.

Recent EU influenced developments in cross-border situations are increasingly handled under the EU Regulation on jurisdiction and applicable law in matters of succession. See the EU Regulation for cross-border cases and how it interacts with Danish practice.

Arveloven remains the primary framework for how estates are divided when there is no valid will or when a will must be interpreted in a Danish context.

Source: Retsinformation

Boafgift-loven (Estate and Gift Tax Law)

This set of rules governs the boafgift, the tax payable on inheritances and gifts in Denmark. It provides rate structures, exemptions, and reliefs for eligible beneficiaries, including spouses and children in certain circumstances. The tax treatment depends on the relationship to the deceased and the value of the estate or gift at transfer.

A Danish solicitor can help you map out tax implications early in the process and optimize the distribution plan within legal limits.

Boafgift rules impact how much beneficiaries ultimately receive and can influence estate planning decisions.

Source: Skat.dk

EU Regulation 650/2012 on cross-border succession

This EU regulation governs jurisdiction and applicable law in cross-border inheritance matters within the European Union. Denmark has implemented this regulation to determine which country’s law applies when the deceased had assets in more than one country. It also standardizes recognition of foreign wills and court decisions.

For residents of Glostrup with assets overseas or who own property in another EU country, this regulation can determine which country’s rules apply and which court has jurisdiction.

EU Regulation 650/2012 harmonizes cross-border succession matters across member states and is relevant for complex estates with Danish and foreign assets.

Source: EUR-Lex EU Regulation 650/2012

Frequently Asked Questions

What is Arveloven and who does it protect?

Arveloven is the Danish Succession Act. It governs wills, intestate succession, and rights of spouses and children.

How do I start a probate case in Glostrup?

Contact the Skifteretten office that handles the Capital Region. You will need a death certificate, a will if any, and a list of assets and debts.

When is a Danish will valid and enforceable?

A will must be in writing, signed, and witnessed by two adults to be valid in Denmark. It must reflect the testator’s free will and not contravene mandatory rights of heirs.

Where do I file a probate petition in Glostrup?

Probate petitions are typically filed with the district court’s probate division serving Glostrup within the Capital Region.

Why should I hire a local inheritance lawyer in Glostrup?

A local lawyer understands the Danish rules, local court practices, and can coordinate with the Skifteretten efficiently. They also help with in person meetings and document handling.

Can I challenge a will in Denmark if I disagree with it?

Yes, you can challenge a will on grounds such as lack of capacity, undue influence, or failure to meet formal requirements. A lawyer can assess viability and guide the process.

Should I appoint an executor in my will, and what powers do they have?

Appointing an executor helps manage debts, asset transfers, and distributions. Executors have duties to creditors and must follow the will and Arveloven.

Do I need to be a Danish resident to inherit?

Non-residents can inherit Danish assets. The applicable law may depend on jurisdiction rules and where the assets are located.

Is there a time limit to file an inheritance claim in Denmark?

Time limits apply for certain claims and debt settlements. It is important to start the process promptly to preserve rights and enforce deadlines.

How much will it cost to hire an inheritance lawyer in Glostrup?

Costs vary by case complexity, asset value, and whether disputes arise. Ask for a written fee estimate and an engagement letter before proceeding.

What is the difference between a will and a testament?

In Danish law, a will (testament) is a written instrument declaring how assets should be distributed after death; a testament must meet formal requirements to be valid.

How long does probate typically take in Denmark?

Routine estates with no disputes may complete within several months. Complex cross-border matters can extend to a year or more.

Can cross-border assets cause additional complexities?

Yes, cross-border assets may require applying EU succession rules and coordinating with foreign courts or authorities.

Additional Resources

Use these official resources for authoritative information on Inheritance Law in Denmark. They provide the texts of laws and practical guidance for residents in Glostrup.

• Retsinformation - Official texts of Danish law, including Arveloven and related acts. https://www.retsinformation.dk
• Borger.dk - Government portal with information on arv og testamente (inheritance and wills) and citizen guidance. https://www.borger.dk
• Skat.dk - Danish Tax Agency information on boafgift (estate and gift tax), exemptions, and filing requirements. https://skat.dk

Next Steps

1. Gather essential documents - death certificate, the will (if any), full list of assets and debts, and your family details. Do this within 1-2 weeks of death if possible.
2. Identify a suitable inheritance lawyer in Glostrup - search the Danish Bar and Law Society directory and ask for local referrals. Allow 1-2 weeks for research.
3. Schedule an initial consultation - bring documents, outline goals, and ask about qualifications and fees. Plan for 1-2 hours for the first meeting.
4. Request a written engagement letter and fee estimate - ensure you understand hourly rates, fixed fees, and any retainer requirements. Expect a 3-7 day turnaround before confirmation.
5. Decide on a strategy with your lawyer - determine whether to pursue probate, update a will, or challenge an existing will. Set milestones with your attorney.
6. Notify and coordinate with Skifteretten if probate is needed - your lawyer will handle filings and summons, typically within 2-6 weeks after engagement.
7. Monitor deadlines and keep copies of all correspondence - maintain a file for claims, creditor notices, and asset distributions. Ongoing until final settlement.