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arvsavstående

13:56 Feb 10, 2020
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
Sweden
Local time: 22:19


Summary of answers provided
3(BrE) postponing the vesting of an interest; (AmE) qualified, generation-skipping disclaimer
Adrian MM.
3Transfer (UK) /assignment (US)
SafeTex
3(Provisional) disclaimer of interest
Charles Ek
Summary of reference entries provided
Skatteverket (transfer?)
SafeTex

  

Answers


16 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
(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: 15:19
Specializes in field
Native speaker of: Native in EnglishEnglish
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.

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10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
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: 22:19
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 19
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10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
(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.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
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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: Native in EnglishEnglish
PRO pts in category: 19

Peer comments on this reference comment (and responses from the reference poster)
agree  Adrian MM.: as applicable to *avsägelse* cf. the muddle in ENG law: 'a disclaimer operates by way of avoidance and not of *disposition* (disposal)' https://www.coursehero.com/file/p5qef7o/There-is-no-disposit...
1 hr
  -> Thanks and the US speaks of "Assignments vs disclaimers", so "assignment" (US) would be transfer (UK) as far as I can see.
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