Tvangsdel

Tvangsdel, often translated as the forced share, is a legal concept found in Nordic civil law traditions (notably in Danish, Norwegian, and Swedish law) that guarantees a minimum portion of a deceased person’s estate to certain statutory heirs. This portion cannot be fully disposed of by a will or other testamentary instruments.

Typically, the heirs who may be entitled to a tvangsdel are close family members such as a surviving spouse and/or children. The exact scope and who qualifies for the forced share vary by jurisdiction, but the underlying idea is to protect essential family rights against complete disinheritance by testament.

The calculation and application of tvangsdel depend on national law. Relevant factors often include the size of the estate, gifts made during the deceased’s lifetime, and whether heirs are predeceased or exclude certain lineal descendants. In many systems, the forced share may be reduced or modified by a valid will, but it cannot be entirely overridden in ways that would leave the statutory heirs without a minimum portion. Some jurisdictions also impose time limits for asserting the tvangsdel and provide procedural avenues for heirs to claim it through estate administration or court action.

Tvangsdel is an important consideration in estate planning, compelling planners to account for protected heirs when drafting wills, trusts, or other arrangements. Because the rules and methods of calculation differ between countries (and sometimes regions within countries), individuals should consult local inheritance law or a qualified lawyer to understand their rights and obligations.