You die without a will (intestate)
- What actually happens
- Icelandic inheritance law (Erfðalög nr. 8/1962) decides for you. If you leave a spouse and children, the surviving spouse takes one-third of the estate and the children share the remaining two-thirds equally. If you leave a spouse and no descendants, the spouse inherits everything. If there are no legal heirs at all (spouse, descendants, parents, siblings), the estate passes to the State Treasury.
- What to do
- If you have any wish that differs from this default, a partner you are not married to, a child from a previous relationship, someone abroad, write a will. The official starting point for estate matters in Iceland is the District Commissioner (sýslumaður) at syslumenn.is.
- The common trap
- Assuming an unmarried partner will inherit. Cohabitation (sambúð) on its own does not create inheritance rights under Erfðalög: only marriage or a will does.