Testators skydd och sista vilja - En granskning av testamentsregistrering i Sverige ur ett rättssäkerhetsperspektiv

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The main purpose of this essay is to make a comprehensive approach to the question regarding official registration of wills and testaments in Sweden. The essay begins with a legal history approach in order to study the changes that the legal area has taken over time. Then, by using a classical legal-judicial method, I investigate the current regulations in the field. This method is also used during my examination of prenuptial agreements, gifts between spouses and succession upon death. The analysis investigates the various arguments presented in the debate regarding the introduction of a registry. Later, I examine the arguments purposed regarding the construction of such a registry. Lastly, a separate proposal for a registry is presented. In Sweden, the Swedish Tax Agency register prenuptial agreements, gifts between spouses, and succession upon death. However, regarding wills and testaments, private actors have taken on the authority's role as responsible market player. The largest actor is currently the Testaments Bank. Politicians, from all over the political spectrum, are constantly striving to introduce an official registry. The next time a motion is presented will be in the beginning of 2018. All motions put forward during the 21st century have been treated with optimism, especially from the government. The only existing disagreements are due to the construction of the registry. However, most MPs want to introduce a registry based on the Swedish Tax Agency's memorandum - the only existing investigation in Sweden. Despite repetitive motions, Sweden still has no proposal for an official registry. Instead, priority is given to other political issues and therefore the law of testament is the same as it was in 1989.

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