arvsavstående

13:56 Feb 10, 2020

This question was closed without grading. Reason: No acceptable answer

Swedish to English translations [PRO]
Law/Patents - Law: Contract(s) / Wills

Swedish term or phrase: arvsavstående

This is not to be confused with "avsägelse av arv" or "arvsavsägelse" which is a complete waiver of a right to inherit.

An "arvsavstående" is when an heir waives his right for the benefit of another person, and then inherits that from that other person.

For instance, if a man has a son by an earlier marriage, but then later in life marries another woman, the son is entitled to inherit his father's estate; however, the son instead can waive his inheritance and allow it to go to the surviving widow (his step-mother) until she dies, at which time the son will inherit from his step-mother.

Paul Lambert KudoZ activity Questions: 773 (1 open) (1 without valid answers) (29 closed without grading) Answers: 243 Sweden
Local time: 18:56

Summary of answers provided

(Provisional) disclaimer of interest

Charles Ek

Transfer (UK) /assignment (US)

SafeTex

(BrE) postponing the vesting of an interest; (AmE) qualified, generation-skipping disclaimer

Adrian MM.

Summary of reference entries provided

Skatteverket (transfer?)

SafeTex

Answers

16 mins confidence:

(Provisional) disclaimer of interest

Explanation:
See the link for an explanation of the disclaimer part. I rate my answer at Medium confidence because I don’t have any citation to authority for the “provisional” aspect.

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Note added at 22 mins (2020-02-10 14:19:15 GMT)
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Paul, I now think “deed of variation” might be best:
https://www.saga.co.uk/magazine/money/personal-finance/inher...
This would probably allow the drafting of an instrument to accomplish the desired intent.

https://disclaimers.uslegal.com/disclaimer-of-property-interest/

Charles Ek
United States
Local time: 11:56
Specializes in field
Native speaker of:

English
PRO pts in category: 40

Notes to answerer

Asker: Thanks, Charles, but this looks like the other term, arvsavsägelse, as the source you gave indicates that it is irrevocable and a complete surrender to all claims now and in the future. However, since you are here, what do you think of "waiver of succession", i.e., the son gives up his place in the queue, as it were.

10 hrs confidence:

Transfer (UK) /assignment (US)

Explanation:

Skatteverket seems to make a distinction between "Överlåtelse av och avsägelse från arv" and I'm wondering if "Överlåtelse" is the same as "arvsavstående" for them.

It doesn't seem to guarantee that the inheritance will come back to you at a future date but maybe that can be negotiated when making the "transfer"

Please see my reference material and conversation with Adrian in the reference section as well as I'm only now making this a suggestion after getting an agree on the reference material

https://www4.skatteverket.se/rattsligvagledning/341256.html?date=2005-12-22

SafeTex
France
Local time: 18:56
Works in field
Native speaker of:

English
PRO pts in category: 23

10 hrs confidence:

(BrE) postponing the vesting of an interest; (AmE) qualified, generation-skipping disclaimer

Explanation:
To throw some other ideas into the mix:

BrE/ UK includes Scots law.

I think we are dealing here with an interest under a settlement made by the 'disclaimant', so will leave it at that.

Example sentence(s):

USA: If a person makes a qualified disclaimer of an interest in property, the federal Estate, Gift and Generation Skipping Tax provisions will apply to that interest as if it had never been transferred to the disclaimant.
US Montana Code; rule against perpetuities > If, in measuring a period from the creation of a trust or other property arrangement, a clause in a governing instrument purports to postpone the vesting or termination of any interest or trust

Reference: http://www.vc-law.com/Articles/A-Guide-To-Disclaimers.shtml
Reference: http://www.gov.uk/hmrc-internal-manuals/trusts-settlements-a...

Adrian MM.
Austria
Specializes in field
Native speaker of:

English
PRO pts in category: 8

Reference comments

9 hrs peer agreement (net): +1

Reference: Skatteverket (transfer?)

Reference information:
Skatteverket seems to make a distinction between "Överlåtelse av och avsägelse från arv" and I'm wondering if "Överlåtelse" is the same as "arvsavstående" for them.
It doesn't seem to guarantee that the inheritance will come back to you at a future date but maybe that can be negotiated when making the "transfer"

https://www4.skatteverket.se/rattsligvagledning/341256.html?date=2005-12-22

SafeTex
France
Works in field
Native speaker of:

English
PRO pts in category: 23

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