Wills under Swedish law

What is a will?

A will is a legal document stating how a person’s estate is to be distributed after their death. Without a valid will, the estate is distributed according to the statutory order of inheritance under Swedish law.

A will can allow a cohabiting partner, friend, or organization to inherit. It can also provide that a particular beneficiary receives specific property or that an inheritance is to constitute the beneficiary’s separate property.

A will is particularly important for unmarried cohabiting partners because they do not automatically inherit from one another under Swedish law.

Individual and mutual wills

The appropriate document depends on who is making the will and how the estate is to be distributed.

Individual will
An individual will is made by one person and may govern the entire estate, a proportion of it, or specific property. It may also include conditions concerning separate property.

Mutual will
A mutual will is made by two people who want to regulate how they will inherit from one another. It is commonly used by unmarried partners but may also be used by spouses or other people coordinating their testamentary wishes.

A mutual will should also explain how the remaining property is to be distributed after both people have died. Its wording should take account of children, children from earlier relationships, and other heirs.

Formal requirements for a valid will

A standard Swedish will must comply with statutory formalities. It must:

• be in writing
• be signed or acknowledged by the testator in the witnesses’ presence
• be witnessed by two people who are present at the same time
• be signed by both witnesses.

The witnesses must know that the document is a will, although they do not need to know its contents. They must be legally eligible and must not be disqualified because of their relationship with the testator or an interest under the will.

Failure to comply with the formal requirements may result in the will being declared invalid. Signing and witnessing should therefore take place carefully after the document has been finalized.

What can a will regulate?

A will may state who is to receive the entire estate or a particular share. It may also give a beneficiary specific property or a stated amount.

It can address:

• the people or organizations that will inherit
• the share each beneficiary will receive
• who will receive particular property
• whether an inheritance will be separate property
• whether someone may use property during their lifetime
• how the estate will pass after a surviving beneficiary dies
• whether an executor will administer the estate and implement the will.

A testator’s freedom is limited by the reserved share available to direct heirs. Under Swedish law, a child’s reserved share is half of the inheritance share the child would otherwise receive under the statutory order of inheritance.

A will should be reviewed following changes to family circumstances, assets, or testamentary wishes. It can be revoked or replaced, but amendments should be made carefully to avoid inconsistent instructions.