Förlusten av en sambo, förlusten av ett hem?

Sammanfattning: Cohabitating couples in Sweden have no right of inheritance. This often leads to financial difficulties for a surviving cohabitant. Many people are unaware of which rules that apply to them and overlook the fact that they need to draw up a will to secure each others future. For cohabitants with children the freedom of testation is limited due to the direct heirs right to a reserved share. Since cohabitation is a common way of living, questions about cohabitants right of inheritance arise. The aim of this essay is to examine the possibility of establishing such a right. What are the pros and cons and how would such a right be designed? Denmark and Norway have recently established new rules in this area. In Denmark, a limited legal right of inheritance was proposed but later rejected. Instead cohabitants have been given an opportunity to draw up a will putting them in the same position as spouses, making it possible to limit the direct heirs right to a reserved share. This regulation was chosen out of consideration to those cohabitants who wants to avoid the regulations that come with marriage, including the right of inheritance. Danish legal scientists, arguing that a right of inheritance is compatible with the wishes of most cohabitants, have criticized the regulation. In Norway, cohabitants with children have been given a limited legal right of inheritance. It was assumed that a right of inheritance was consistent with the will of the majority of this group. The limited amount of the inheritance and the fact that the rules only apply to cohabitants with children has been questioned and in a recent Norwegian inquiry, cohabitations are proposed to be placed on an equal footing with spouses. There are many arguments pointing towards giving cohabitants in Sweden right of inheritance and there are many ways of designing such a right. Most important is that cohabitants are given an opportunity to secure the future of each other. A legal right of inheritance, however, provides a greater security, and I see indications pointing towards placing cohabitants on equal footing with spouses in a, hopefully, not to distant future.