Unaccountable perpetrator does not lose his right to inheritance after killing his father

A man who was unaccountable due to paranoid schizophrenia and therefore could not be punished, shot and killed his father, and also shot at his father's partner without hitting her. The Supreme Court's majority of three judges, unlike the Court of Appeal, found that the son should not be denied the right to inherit from his father. The majority took as a starting point that section 72 of the Inheritance Act provides a basis for denying inheritance rights when, after an individual overall assessment, it will be perceived as offensive, particularly for the sake of the deceased, if the heir is to inherit, but that the threshold for denying inheritance rights is markedly higher for persons who are not accountable, than for others. In the individual assessment, the strongest emphasis was placed on the closeness between the deceased and the heir. Less importance was attributed to the gravity of the act. Consideration for the deceased’s partner was of great importance, but could not be given decisive weight. The minority of two judges placed greater emphasis on the gravity of the act and consideration for the deceased's partner, while at the same time deeming the relationship between the father and son less close. The petition for a denial of inheritance rights was rejected. Dissenting opinions 3-2. 

Read the whole judgment (Norwegian only)

Area of law: Inheritance law. Section 72 subsection 1, cf. subsection 3 of the Inheritance Act. 

Key paragraphs: 36, 41-42, 56

Justices: Matheson, Bergsjø, Thyness, Stenvik og kst. dommer Elsheim