Erfðarétti

Erfðarétti is the branch of Icelandic private law that governs the transfer of a deceased person’s assets to heirs and beneficiaries. It covers how a person’s estate is distributed after death, including the creation and validity of wills, the rights of statutory heirs, and the administration of the estate. In the absence of a valid will, the estate passes according to statutory rules of intestate succession, which determine who inherits and in what order, often prioritizing close family members. A valid will can dispose of part or all of the estate, subject to any legal limits and the rights of designated heirs. The law also addresses the duties involved in administering an estate, such as gathering assets, paying debts and taxes, and distributing the remainder to rightful recipients. An executor or administrator is typically appointed to manage the process under judicial oversight.

Erfðarétti also covers capacity to make a will, the modification or revocation of testamentary dispositions, and procedures for challenging a will or claiming a rightful share. The field intersects with related areas such as taxation of estates and guardianship for minor heirs where relevant. Historically, erfðaréttur in Iceland has roots in Nordic legal tradition and Danish civil law, and today is shaped by Icelandic statutes and case law. The aim is to provide orderly transfer of assets, protect the rights of heirs, and prevent invalid or fraudulent dispositions.