Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: Summary The regulation for the administration of estates can be found in the Inheritance Code chapter 18 to 24. It was transferred mostly unchanged from the Act on estate administration and estate distribution from 1933. The general rule is that the heirs jointly administer and distribute the estate. The estate may also be administered by a personal representative, either an executor of the will or by an administrator appointed by the court (Sw. Boutredningsman). In this paper I aim to describe how the law regulate the administration of an estate by an administrator appointed by the court. I will also examine how the administrator's job is handled in practice. The materials used are mainly the Inheritance Code and Walin and Lind's comments to the Inheritance Code. The doctrine used is primarily Brattström, Singer, Inheritance Law (Sw. Rätt Arv). The general rule is that the heirs jointly administer and distribute the estate. This means that all heirs jointly undertake the necessary measures for the estate's administration. If there is an executor appointed in a will the administration of the estate is transferred to him when the will becomes final. In order for an administrator to be appointed by court an application is required. The heirs can submit such an application. Grounds for requesting administrator can for example be disagreement and conflict. Applications may also be submitted by the creditor, legatees or other stakeholders, and should then be granted if their right is jeopardized if the estate is not handed to an administrator. The job of an administrator is to assess the estate. The measures undertaken are different and depend on the estate. Usually, it would include making an inventory, the estate's debts shall be paid, general legacy shall be effected and the estate distributed to the heirs. An administrator has the authority to perform all of the necessary measures for the administration of the estate, and the authority to represent the estate towards third parties and in court litigation. If necessary, the administrator has the right to sell property to pay debts, but he also has a duty to hear the heirs before any important administrative measures and should try to avoid selling property of particular value to the heirs. The administrator cannot sell real estate, for the sale of real estate the administrator needs to obtain the written consent of all heirs or the consent of the court. The heirs themselves distribute the estate even if an administrator has been appointed. The distribution is not seen as a measure of the administration but if the heirs cannot agree and implement the distribution themselves the administrator will distribute the estate. Through interviews, I have observed what the administrator of an estate does in practice, and also how the so-called private administrators work. The interviews revealed that the most common reason to apply for an administrator seems to be conflicts. It appeared that the conflicts could vary in scope and that even a fear of future conflicts or complex estates can be a reason to apply for an administrator. The interviews showed that one of the most important parts of the work is the communication with the heirs. To avoid further conflicts and resolve the existing ones, the information from and to the heirs is of utmost importance. According to Walin and Lind, private administrators are probably the most common form of estate administration today. Private administrators work under contract and power of attorney from the heirs. This means that the heirs officially administer the estate, and the contract determines the measures to be taken by the private administrator. There is no regulation in the Inheritance Code concerning administration in this form. For private administrators the reason they are hired may also be conflicts, but more often it would be because there are many heirs, because they live far apart or that none of the heirs wants to do the work required. The methods used are largely the same as for the court appointed administrators, and information and communication with the heirs are very important. In summary, the Inheritance Code clearly state the scope and limits for the administrator, however, they have a broad discretion to decide how individual cases are handled. Legislation does not include private administrators, and my conclusion is that it should be investigated if additional legislation is needed in this area.

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