Norway: LB-2006-27667

NAME AND LEVEL OF COURT: Borgarting appellate court - judgement

DATE OF DECISION: 20 August 2007

MEMBERS OF THE COURT: Presiding Judge Jan Martin Flod, Temporary Appeal Court Justice Harald Venger and

Magistrate Stein Arne Vedde

LAWYER FOR A: AdvokatBorgarHøgetveit Berg

LAWYER FOR B: AdvokatBorgarHøgetveit Berg

LAWYER FOR C: Advokat Christian Fredrik Galtung

Succession law. Lost testament.

The probate court and the appellate court found that a successor by testament should succeed according to a lost testament according to Lov om arv m.m., LOV 1972-03-03 nr 05 (short title: Arvelova) (succession act) section 69.1 It was not clear how the testament had been lost, but a number of electronic copies were stored on a personal computer and also sent as an attachment to an e-mail. Several circumstances supported the proposition that the testament expressed the last will of the deceased, and there was no doubt as to the contents. The required forms were fulfilled when the testament was made. Statement on the standards for proof.

Oslo Town Clerk Office TOBYF-2005-120940 - Borgarting Applleate Court LB-2006-27667. Appeal to the Supreme Court denied HR-2007-1859-U.

The full judgment in Norwegian is available from lovdata.no (subscribers only).

(Note by Professor Jon Bing: The decision is from the Appellate Court. Norway has fiveAppellate Courts - Borgaring is for the region near Oslo. The decisions are classified in accordance with the provisions of the civil procedure act, and this is a decision in substance. The publication numbers refer to the assigned identifiers in Lovdata, the national ...

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