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Waiver of inheritance

The Danish Ministry of Justice may decide that the Danish government will waive inheritance which, under section 71 of the Danish Inheritance Act, would otherwise accrue to the Danish government, in favour of the deceased’s relatives or other next-of-kin. The Ministry of Justice may also decide not to raise any objection against a will which does not meet certain formal requirements..

Will A document which sets out how the testator’s assets are to be distributed after his/her death. There are certain requirements for the execution of a valid will, cf. part 11 of the Danish Inheritance Act.

Will attested by witnesses Will made before two witnesses who endorse the will in accordance with certain formal requirements, cf. sections 42 and 43 of the Danish Inheritance Act.

Winding up of an estate The Probate Court’s decision on how to administer an estate.

Witness A person who is not a party to the case but who is to make a statement in connection with the production of evidence in the case

Writ of summons

A writ of summons is needed if you wish to bring a legal action against someone. This is the plaintiff’s first pleading. The writ of summons must contain: (cf. section 348 of the Danish Administration of Justice Act)

  • A claim 
  • A detailed presentation of the facts justifying the claim 
  • The evidence that will be produced by the plaintiff
  • The parties’ names and addresses
  • Indication of where the action will be brought. The plaintiff should also specify whether he or she wants a preliminary hearing to be held before the main proceedings. If he or she believes that a preliminary hearing is needed, plaintiff may also state that he or she wishes to have the case heard by three judges instead of one; that there must be expert lay assessors; or that the case ought to be heard before the Danish High Court or the Danish Maritime and Commercial Court.
Writ server A person serving pleadings and notices on behalf of the Court.


 

Til top Sidst opdateret: 11-01-2010 
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