NORWAY Law and Practice Contributed by: Sicilie Tveøy, Lars Christensen, Ramborg Elvebakk and Karen Margrethe Bugge, Advokatfirmaet Hjort AS
For minors, if both parents are deceased or unable to act, a guardian is appointed by the County Gover - nor’s office to manage the child’s property and take care of decisions until they reach the age of 18. That appointment is a formal process following notice to family members, etc. 8.3 Elder Law Norway addresses the financial challenges of increased longevity through a comprehensive public welfare system. The public pension system provides lifelong retirement income to all workers and has been reformed since 2011 to ensure sustainability, including measures such as encouraging later retirement and adjusting payouts based on life expectancy. Public sector employees receive additional occupa - tional pensions, while private sector workers typically have defined contribution pension plans that pay out over ten years, up to age 77. In addition, the government subsidises long-term care services – including home health care and nursing homes, with costs capped relative to income – helping to protect families from catastrophic care expenses as people live longer. However, individuals and families still plan financially for supplements to these services. Private pension savings have been encouraged. 9. Planning for Non-Traditional Families 9.1 Children All children are treated equally in Norwegian law, including children born in marriages and outside mar - riage. When a child is legally recognised, they have full rights under the law (including forced heirship rights to their parents’ estates). Adopted children are treated as the children of their adoptive parents for all purposes, including inheritance. Surrogacy is not allowed in Norway. It is possible for a Norwegian couple to have a child via surrogacy abroad, but they might meet legal challenges on com -
ing home to Norway with their child, and it is neces - sary to follow up with paperwork to ensure that the child is recognised as the legal child of the parents. 9.2 Same-Sex Marriage Norway recognises same-sex marriage. Conse - quently, same-sex spouses have the same rights in inheritance, taxation, etc. Planning mechanisms for same-sex couples are therefore the same as for oppo - site-sex couples. Norwegian law encourages charitable giving primar - ily through income tax deductions and by having no gift/inheritance tax. Donations to approved charitable organisations up to a certain limit each year can be deducted from the individual’s income tax. Gifts to charitable organisations of an amount from NOK500 to NOK25,000 per taxpayer per year are deductible against income. Businesses (corporate entities) have the same opportunity. Charitable gifts are common, particularly among those without close heirs. 10. Charitable Planning 10.1 Charitable Giving As a result of the increasing gifting to charitable organ - isations, more advertising by charitable organisations has been observed in the last ten years – though it is not much compared to countries with more of a tradi - tion of making private gifts to organisations. As Norwegians value social contribution, many wealthy families incorporate a charitable element in their wills. 10.2 Common Charitable Structures The most common structures for charitable planning in Norway are smaller-scale giving; many Norwegians simply donate to existing charitable organisations. High net worth individuals in Norway sometimes choose to give through foundations ( stiftelser ) when they wish to endow significant assets for a specific, long-term purpose. A foundation can be established during life or by will, with assets and a charter dedi -
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