DK konsult

Consent To Unchanged Stay

Consent to unchanged living is a legal document for spouses with children of children from previous conditions, which in this context is called special children

What is consent to the unchanged estate?

When a person dies, the estate must be changed. This means that the inheritance of the deceased must be distributed among any heirs. This starting point changes if consent for the replaced stay has been created.

Unchanged living thus means that the assets of the first deceased spouse not must be shared. That is, the longest-lived spouse retains the right of disposal over the entire common wealth. In this way, the estate must first be changed after the death of the longest-lived and the inheritance of the first-dead is thus only paid to the heirs when the longest-lived spouse goes away.

As a rule, a spouse cannot sit in unchanged residence if the deceased spouse has special children – unless the special children give their consent. Here, however, one must be aware that underage special children not can give their consent to the unchanged stay. In this situation, the inheritance should also be distributed.

If unchanged living has been created, it allows the surviving spouse not to have to pay inheritance to the heirs while retaining the right of possession of the deceased spouse’s property. With a pre-consent to unchanged living, you can get your special children’s consent for your spouse to sit in unchanged living if you were to go away.

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What are the conditions for sitting in unchanged living?

  1. That there is a wealth community between the spouses. If the spouses have decided through a marriage covenant that all their respective possessions should be peculiar, they will not be able to sit in the change. If no marriage of this type is created, there will always be a wealth community between the spouses.

  2. That any special children have given their consent to the changed estate. Joint children ( children who have together ) cannot object to the longest-lived parent sitting in the changing residence. The first-dead special children ( children from previous conditions ) will, on the other hand, be able to oppose an unchanged estate and may require the estate to be changed ( that the inheritance is distributed ). It is therefore only with the consent of the special children that the longest-lived can sit in the changing residence. In this context, it is important to point out that if the special children are not of legal age when obtaining a declaration of consent, typically it is not possible for the longest-lived person to sit in the changing home. It will require both the consent of the children’s other biological parent and the Family Law House. The Family Law House will often be reluctant to give consent, as it is the Family Law House’s primary task to protect the child’s interests, which will objectively be to receive the inheritance of the deceased parent.

  3. That longest-lived is not personally bankrupt. The longest-lived must not be bankrupt.

  4. That longest-living is of age. The longest-lived person must be of legal age to be able to sit in the changing residence. Thus, the long-term survivor must not be under guardianship or otherwise have been deprived of his legal capacity.

 

How do I make the pre-consent valid?

Once you have completed the form and completed the payment, you will immediately receive your advance consent for the change. After that, the advance consent must only be dated and signed by all special children.

Your advance consent will then be valid, and thus there is no requirement for registration, lawyer assistance or the like.

Both the spouse who must be able to sit in the changing residence and all special children who give the consent should keep a copy of the statement.

Get started today by pressing ‘ Order Consent To Unchanged Stay now ’ below.

 
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