The 36-year-old son suffered from paranoid schizophrenia and was not punished for the murder. The court concluded that he was psychotic and insane at the time of the crime. The question before the Supreme Court was then whether the son should be denied the right to inherit from his father. They have now decided that he can keep the inheritance. The inheritance law changed The District Court has previously ruled that the son could inherit the father. According to the current law, one could only renounce the right of inheritance if one has been sentenced to an unconditional prison sentence. Lawyer Kjærvik’s brothers appealed this judgment. The Inheritance Act has now been amended so that even insane persons can be disinherited, and the Eidsivating Court of Appeal thus disinherited the son. But the son appealed via his lawyer John Christian Elden. Now the Supreme Court has concluded that he can keep the inheritance. It takes a lot In the judgment, the Supreme Court points out that it takes a lot to deny someone the right to inheritance, when the action is motivated by a serious mental disorder. Denial of inheritance often applies if it is offensive to the deceased if the perpetrator were to inherit him or her. The Supreme Court says that great emphasis must also be placed on the relationship between father and son being as strong and close as the illness allowed. The court attaches greater importance to the relationship between father and son than to the fact that it will be a burden on the father’s partner if he inherits a share in the couple’s joint home. Profiled defense lawyer Lawyer Tor Kjærvik was shot and killed in his home in Oslo on 12 April 2021. As a defense lawyer, Tor Kjærvik had a number of high-profile cases, including as the defense lawyer for Kristin Kirkemo during the Orderud case.
ttn-69
The son does not lose inheritance rights after the murder of Tor Kjærvik – news Oslo og Viken – Local news, TV and radio
