When is a will invalid in Norway?

Under Norwegian inheritance law, a will may be declared invalid due to formal errors, lack of mental capacity, undue influence, or because it violates the statutory inheritance rights of spouses or children (forced heirs). A testament may also be challenged if it is based on clearly incorrect or misleading assumptions.

This guide is written for international clients who are heirs, family members, or others with legal interests in an estate in Norway. At Dalan law firm, we regularly assist foreign clients in cross-border inheritance disputes and have extensive experience handling cases involving the validity of wills under Norwegian law. We can be contacted through chat, email or by phone. My email is jervell@dalan.no

1. Common reasons why a will may be invalid in Norway

1.1. Formal errors

A will must comply with specific formal requirements set out in the Norwegian Inheritance Act:

• The testator must sign the will in the presence of two witnesses, who must also sign the document.
• The witnesses must know that they are witnessing a will but do not need to know its contents.
• The testator must be over 18 years old and capable of understanding the will and its legal implications.

⚖️ Legal tips: If the will lacks required signatures, witness declarations, or was not properly executed, it may be declared invalid—even if it reflects the true intentions of the deceased.

1.2. Legal capacity

The testator must have been mentally sound and legally competent at the time of making the will. A will may be invalid if the person:

• Suffered from dementia, psychosis, or severe cognitive impairment, or
• Was under the influence of substances impairing judgment.

⚠️ Reminder: If medical records or witness statements show that the testator lacked understanding or decision-making capacity, you may have grounds to challenge the will.

1.3. Undue influence or pressure

If the will was created under pressure, manipulation or coercion, it may be considered invalid due to undue influence.

Examples include:

• A relative, caregiver or advisor pressured the testator to make a will in their favour.
• The testator was isolated or dependent on someone with a personal interest in the estate.

⚖️ Legal tips: Courts look for signs of control, manipulation or changes to a will that clearly deviate from previously expressed wishes.

1.4. Conflict with mandatory inheritance rights

Norwegian law protects close family members through statutory inheritance rights that override conflicting provisions in a will.

• Children (forced heirs) are entitled to 2/3 of the estate, limited to NOK 1.5 million per child (2025).
• Spouses have inheritance rights that take precedence over other beneficiaries. Inheritance can be limited to a minimum amount set by statuary law, but the spouse must be informed of this beforehand.
• Mutual wills between spouses or cohabitants may limit the ability to make unilateral changes.

⚠️ Reminder: A will that cuts out children or a spouse without respecting the mandatory share can be partially or wholly invalidated.

1.5. Based on misleading or false assumptions

A will may also be set aside if it is based on incorrect assumptions that clearly influenced the testator’s decision.

Examples:

• The testator wrongly believed an heir was dead or estranged.
• Someone provided false information to influence the contents of the will.

⚖️ Legal tips: In such cases, the court may disregard the provision or invalidate the will, if the assumptions were critical to the testator’s intent.

2. Who may challenge a will?

Anyone with a legal interest in the estate can file a claim for invalidity, such as:

• Children or spouses who have received less than their statutory share.
• Other heirs who suspect manipulation or coercion.

⚠️ Reminder: There is a deadline of six months from when you become aware of the will to challenge it in court.

3. What happens if a will is declared invalid?

If a court finds the will invalid, the following may apply:

• The estate is distributed according to the default rules in the Inheritance Act.
• If only parts of the will are invalid, the remaining valid parts may still apply.
• A will that was valid previously may come back into force.

4. Need help with a disputed will?

Disputes over wills and inheritance can be legally and emotionally complex—especially if the estate includes assets in Norway and heirs abroad. At Dalan Law Firm, we have extensive experience in handling international estate disputes and regularly represent clients seeking to:

✅ Challenge or defend the validity of a will
✅ Secure their rightful inheritance
✅ Navigate cross-border probate and inheritance law

📩 Contact us today via chat, email or phone for a confidential consultation. My email is jervell@dalan.no