(edit title) Swedish Inheritance Law Claim to assets by foreign cousins? Options

[rglk]

A never-married person dies (German-born but now a Swedish citizen and resident) and leaves some assets behind. There are no close living relatives (parents or children). The only living relatives are two cousins both of whom are German citizens and live in Germany.

Assuming there is no will, do the two cousins have a claim to inheritance? If they don't, what happens to the assets? Who will have the right and responsibility to dissolve the household and liquidate the assets?

If there is a will and the two German cousins are indicated as heirs, does this carry legal weight, given their non-Swedish nationality and their somewhat distant relationship to the deceased?

If only cousin A is indicated as an heir and cousin B is not (they have the exact same relationship to the deceased, both being children of siblings of the deceased's mother), does cousin B have any cause to contest the will and claim an equal share of the assets?

Thanks for your comments.

Robert

[unionisten]

if there is no close relatives the state takes it all

[rglk]

Even if the deceased in her will specified the cousin(s) as heir(s)?

[redblue]

Only individuals specified in the will will inherit. Without a will, the Swedish Inheritance Fund Commission inherits it all.

[Yorkshireman]

Citizenship doesn't really play any part.

What you need to first determine is ...is there anyone who should inherit by law. The law defines 3 groups for inheritance. 1st comes direct heirs (deceased own kids+kids), 2nd comes the deceased parents and their childre - childrens, children, and the 2rd group is the deceased Grandparents and their decendants, aunts and uncles.

Cousins directly do not inherit by law, however, if there are absolutely no decendants within the legal 3 groups of automatic inheritance, then either the State gets it or if there is a Last will and testament that specifically states the cousins, they can get it.

[rglk]

There are no potential heirs in the first two groups of automatic inheritance (the deceased was unmarried and childless and both her parents are deceased and had no other children). Her grandparents as well as her only aunt and her only uncle also are deceased. Cousin A is the only son of her uncle and cousin B is the only surviving son of her aunt. Would these two cousins considered to belong to group 3 of automatic inheritance?

If there is a last will that specifically names the cousins as heirs, then they would get 100% of the assets, is that correct? Or is this not that straightforward?

Again (my last question), if there is a will that only names one cousin as heir, can this be contested by the other cousin (e.g. on the grounds that the deceased had practically all her life been mentally ill)?

Thanks, Robert

[redblue]

Again (my last question), if there is a will that only names one cousin as heir, can this be contested by the other cousin (e.g. on the grounds that the deceased had practical ... (show full quote)

Again (my last question), if there is a will that only names one cousin as heir, can this be contested by the other cousin (e.g. on the grounds that the deceased had practically all her life been mentally ill)?

Thanks, Robert ... (hide full quote)

No, since they will not inherit in any case (they are not mentioned in the testament).

[Yorkshireman]

Cousins do not inherit by default, so then it only is either the State or anyone mentioned in a Last Will and Testament.

[Max Reaver]

There are no potential heirs in the first two groups of automatic inheritance (the deceased was unmarried and childless and both her parents are deceased and had no other chil ... (show full quote)

There are no potential heirs in the first two groups of automatic inheritance (the deceased was unmarried and childless and both her parents are deceased and had no other children). Her grandparents as well as her only aunt and her only uncle also are deceased. Cousin A is the only son of her uncle and cousin B is the only surviving son of her aunt. Would these two cousins considered to belong to group 3 of automatic inheritance?

If there is a last will that specifically names the cousins as heirs, then they would get 100% of the assets, is that correct? Or is this not that straightforward?

Again (my last question), if there is a will that only names one cousin as heir, can this be contested by the other cousin (e.g. on the grounds that the deceased had practically all her life been mentally ill)?

Thanks, Robert ... (hide full quote)

It depends on the last will. If the last will states that everything goes to the cousin, then this person gets all. If one cousin gets all and the other becomes jealous, contests that and makes a successful appeal, then both cousins end up not inheriting anything. Everything will then go to the state. Don't know if that's what you want to hear.