þversniðsreglunnar

Theþversniðsreglunnar, often translated as the "cross-section rule" or "sectional rule," is a principle in certain legal systems, particularly those influenced by Germanic law, that addresses the determination of inheritance when a deceased person has left no clear will or when the will is unclear or incomplete. It essentially means that if there is no specific instruction to the contrary, assets are to be divided as if there were no will, meaning according to the statutory rules of intestate succession.

This principle is designed to provide a default framework for distributing property, ensuring that there is a clear and predictable outcome even in the absence of explicit testamentary wishes. It emphasizes the presumed intention of the deceased to follow the established legal order of inheritance. The þversniðsreglunnar acts as a fallback mechanism, preventing the estate from falling into legal limbo.

In practice, applying the þversniðsreglunnar involves examining the deceased's family relationships and the legal hierarchy of heirs defined by the relevant jurisdiction. This typically includes spouses, children, parents, and other relatives in a descending order of proximity. The rule ensures that assets are distributed in a manner that is generally considered equitable and socially acceptable according to the prevailing legal norms. It serves as a fundamental aspect of inheritance law, providing a necessary structure for property distribution.