erfðarrétt

Erfðarréttur is the Icelandic term for inheritance law. It governs how a deceased person's estate, which includes their assets and debts, is distributed among their heirs. The fundamental principles of erfðarréttur are rooted in the idea of ensuring fair and orderly succession.

The law distinguishes between two main types of inheritance: testamentary inheritance and intestate inheritance. Testamentary inheritance occurs when the deceased has left a valid will, known as a erfðaskrá. This document outlines the testator's wishes for the distribution of their property. If no will exists, or if the will is deemed invalid, the estate is distributed according to intestate succession rules.

Intestate succession in Iceland is primarily based on kinship. Surviving spouses and children are typically the primary heirs. The law specifies the order of succession, with closer relatives generally inheriting before more distant ones. For instance, a surviving spouse often inherits a significant portion, and children share the remainder. If there is no spouse or children, parents and siblings may inherit, and so on.

Erfðarréttur also addresses the concept of a compulsory share or legal portion, ensuring that certain close relatives, such as children, cannot be entirely disinherited. This provision aims to protect the basic needs of the deceased's immediate family. The administration of an estate, including the process of probate and the settlement of debts, is also governed by erfðarréttur. This ensures that all legal requirements are met before the remaining assets are distributed.