Hur förhåller sig laglottskyddet och förmånstagarförordnanden till varandra? - En analys med särskilt fokus på 7 kap. 4 § ÄB och 14 kap. 7 § FAL.

Sammanfattning: In Sweden, we have a legal protection within inheritance law, statutory share of inheritance which guarantees direct heirs a certain share of the estate a parent leaves behind when they pass away. To protect the statutory share of inheritance there is a provision in Ch. 7 Sec. 4 of the Inheritance Code (1958:637, ÄB). For the provision to be applicable, the testator must have given away such property that is covered by the gift concept of the provision. Furthermore, it requires that the gift was given under circumstances or on such terms that the purpose of the gift is equivalent to that of a will. The provision is intended to protect heirs against legal actions in the form of gifts that a testator can make with the intention of circumventing the rules of statutory share of inheritance. In addition to inheritance and wills, there is a separate legal institute for the distribution of a deceased person's assets regarding beneficiary clauses in a life insurance. As a general rule, insurance compensations paid out to the beneficiary are not to be included in the deceased's estate. However, beneficiary clauses may be adjusted by a direct heir under Ch. 14 Sec. 7 of the Insurance Contracts Act (2005:104, FAL) if it would lead to a result that is unreasonable. Implementing challenges can be said to characterize Ch. 7 Sec. 4 ÄB and Ch. 14 Sec. 7 FAL, which gives reason to clarify the relationship between the two rules. The purpose of this paper is to critically examine how the protection of the statutory share of inheritance relates to beneficiary clauses. To achieve this purpose, the investigation has been divided into three questions to determine what the applicable law is. The first question focuses on how the rules of the Inheritance Code affect an adjustment claim in Ch. 14 Sec. 7 FAL. The conclusion drawn from the investigation is that the provisions of the Inheritance Code are considered to some extent in the fairness assessment. The second question instead focuses on how the adjustment rule in FAL affects the protection of statutory share of inheritance. In this regard, it is concluded that due to the legal changes that took place upon the introduction of the adjustment rule in Ch. 14 Sec. 7 FAL, it is probably not possible to apply Ch. 7 Sec. 4 ÄB on compensation from a beneficiary clause in a life insurance. However, the legal situation can be said to be rather uncertain. Considering this, a final discussion is conducted on whether Ch. 7 Sec. 4 ÄB can be applied on beneficiary clauses. In this part, consideration has been given to statements in doctrine, which argue that certain payments to a life insurance should be able to be adjust using Ch. 7 Sec. 4 ÄB. The legal situation, in conclusion, cannot be considered strong enough to support such a position. However, it can be stated that such an interpretation is possible based on the provisions in Ch. 7 Sec. 4 ÄB.