Contesting a will is a legal process used to challenge the validity of a will after someone has passed away. In Sweden, this is a formal court action governed by Swedish inheritance law (ärvdabalken). Whether you’re a child of the deceased, a legal heir, or someone affected by the will, this guide will help you understand your rights and options under Swedish law.
General Principles
1. What does it mean to contest a will in Sweden?
It means filing a lawsuit in a Swedish district court (tingsrätt) asking the court to declare the will invalid.
2. Who can contest a will?
Only individuals who are directly affected by the will, such as legal heirs (especially children), may contest it.
3. When can a will be contested?
If there are legal grounds—such as improper formalities, undue influence, or a violation of mandatory inheritance rules (laglott).
4. How much time do you have to contest a will?
You have six months from the time the will is formally served (delgivning) to you.
5. How do I know if I’ve been served the will?
You receive a copy of the will along with a document you must sign to confirm receipt.
6. What happens if I miss the six-month deadline?
The will becomes legally binding and can no longer be challenged in court.
7. Can you contest a will verbally?
No, the claim must be made in writing and filed with the court.
8. Do I need a lawyer to contest a will in Sweden?
Not legally required, but it is strongly recommended due to the complexity of inheritance law.
9. How much does it cost to contest a will?
The court filing fee is SEK 900, but the total cost may be much higher depending on legal fees and the case.
10. Can I win without solid evidence?
Unlikely. The Swedish court requires clear evidence to invalidate a will.
Formal Errors
11. Can a will be invalid due to formal mistakes?
Yes, for example if it was not signed or witnessed properly.
12. Does the will need to be signed by the testator?
Yes, this is a strict legal requirement under Swedish law.
13. Can the witnesses be related to the deceased?
No, witnesses must be impartial and not beneficiaries under the will.
14. What if only one witness was present?
The will is invalid—two witnesses must be present at the same time.
15. Is a will valid with only one witness?
No, Swedish law requires two witnesses.
16. What is an emergency will (nödtestamente)?
A temporary will made in an emergency when formal procedures are not possible.
17. How long is an emergency will valid?
Three months, unless the testator survives and creates a formal will.
18. Can an emergency will be contested?
Yes, just like a regular will.
19. What will the court do if there are formal errors?
It may declare the will wholly or partly invalid.
20. Do witnesses have to remember the signing?
Ideally yes, but confirming their own signature may be sufficient.
Undue Influence or Mental Incapacity
21. What is undue influence under Swedish law?
When someone improperly influences the testator to make a will that doesn’t reflect their true wishes.
22. What counts as coercion?
Any physical or psychological pressure that overrides free will.
23. How can undue influence be proven?
Through witness statements, medical records, or other documentation.
24. Is being old or ill enough to invalidate a will?
No, unless it can be proven the testator lacked mental capacity or was manipulated.
25. Is dementia grounds for invalidation?
Yes, if it can be shown that the testator didn’t understand what they were doing.
26. Is a doctor’s opinion required?
Not mandatory, but extremely helpful in court.
27. What’s the difference between persuasion and undue influence?
Only influence that overpowers the testator’s free will is grounds for contest.
28. Can care workers influence a will?
No, it is considered unethical and potentially invalid.
29. Are secret recordings admissible in Swedish court?
Yes, if obtained legally and relevant to the case.
30. What if influence can’t be proven?
Then the will remains valid and legally binding.
Reserved Portion (Laglott)
31. What is the reserved portion (laglott)?
Half of a legal heir’s statutory inheritance, which children of the deceased cannot be disinherited from.
32. Can a will remove a child’s right to the reserved portion?
No, even if stated in the will, it cannot override Swedish inheritance law.
33. How do you claim your reserved portion?
By sending a written request for adjustment (jämkning) within six months of service.
34. What happens if you don’t request adjustment in time?
You lose your right to claim your reserved portion.
35. What’s the difference between adjustment and contesting?
Adjustment protects your reserved portion; contesting challenges the entire will’s validity.
36. Can both be done at the same time?
Yes, in some cases it’s appropriate to do both.
37. Who is entitled to the reserved portion?
Only direct descendants—children and grandchildren.
38. Do siblings or parents have this right?
No, only the testator’s children and their descendants.
39. Can a testator write that their children should receive nothing?
Yes, but it doesn’t stop them from claiming their reserved portion.
40. Does a will have to mention the reserved portion?
No, but it often does if it impacts children’s inheritance rights.
Legal Process in Swedish Courts
41. Which court handles will contests in Sweden?
The local district court (tingsrätt) where the deceased had their official residence.
42. How do you initiate the process?
By submitting a formal lawsuit (stämningsansökan) to the district court.
43. What must the lawsuit include?
A description of the facts, legal grounds for invalidity, your claim, and any available evidence.
44. Can multiple heirs contest a will together?
Yes, it’s common for siblings or co-heirs to file jointly.
45. What happens if only one heir contests the will?
The judgment only affects the rights of the person who initiated the lawsuit.
46. How long does the court process usually take?
Between 6 and 18 months, depending on the complexity and the court’s workload.
47. Are witnesses required in court?
Often yes, especially in cases involving claims of undue influence or mental incapacity.
48. How does the court make its decision?
After reviewing written submissions and holding a hearing with testimony and evidence.
49. Can you recover legal costs if you win?
Yes, the losing party may be ordered to pay your legal expenses.
50. What if you lose the case?
You may have to pay the other party’s legal costs as well as your own.
Financial Aspects and Risks
51. How much does the entire contest process cost?
It varies but can range from SEK 10,000 to over SEK 100,000 including legal fees.
52. Who pays the court costs if I lose?
You might have to pay both your own and the opposing party’s legal costs.
53. Can home insurance cover legal costs?
Yes, many Swedish home insurance policies include legal protection (rättsskydd).
54. What is legal aid (rättshjälp)?
A government subsidy for people with low income to help cover legal expenses.
55. Can heirs split the legal costs between them?
Yes, if they file the case together, they can share expenses.
56. How can you avoid unnecessary costs?
Hire an experienced lawyer and ensure your case is well-prepared.
57. What happens if I drop the case?
You may still be liable for the other party’s legal costs if they’ve already been incurred.
58. Is settlement possible in these cases?
Yes, parties can settle out of court at any time before judgment.
59. Can I lose my inheritance for filing a contest?
No, but you may lose your claim and face financial risk if you lose the case.
60. Can you contest only part of a will?
Yes, you can challenge specific clauses if they are believed to be invalid.
Common Mistakes
61. What’s the most common mistake when contesting a will?
Missing the six-month deadline for filing.
62. Can I contest a will by email?
No, you must file a formal lawsuit with the court.
63. Do oral promises override a written will?
No, only written and properly executed wills are legally binding in Sweden.
64. Is it a mistake to proceed without a lawyer?
Usually, yes. These cases are legally complex and require expertise.
65. Is complaining to the estate administrator enough?
No, only a formal lawsuit can overturn a will.
66. Is waiting to “see what happens” a risk?
Yes, it can result in missing the legal deadline to act.
67. Do I have to accept a will I don’t understand?
No, you can seek legal advice before deciding whether to accept or contest.
68. What if I sign a document accepting the will?
You lose the right to contest it once you accept it in writing.
69. Can I take back an acceptance?
Not unless you can prove you were misled or did not understand what you were signing.
70. What does “respecting the will” mean legally?
It means choosing not to contest or challenge the document.
Strategic Tips
71. Should I always contest a will I disagree with?
Not necessarily—speak to a lawyer to evaluate your chances.
72. How important is evidence in a will contest?
Extremely. Solid evidence is often the key to success.
73. What are good forms of evidence in influence cases?
Medical records, witness statements, text messages, emails, and recordings.
74. When should I consult a lawyer?
As soon as you receive the will and have concerns about it.
75. Can I act before the estate inventory is done?
Yes, once you’ve been formally served the will.
76. Can the lawsuit delay the inheritance process?
Yes, the estate may not be distributed until the case is resolved.
77. How can this affect family relationships?
Contesting a will often causes or worsens family conflicts.
78. Is it better to try for a private agreement?
Yes, if possible. Settlements can save time, money, and stress.
79. Should I inform the other heirs if I plan to contest?
Yes, especially if you want to file jointly or avoid surprises.
80. What if a newer will appears during the trial?
The case may change completely, and the new will must be examined.
Swedish Case Examples
81. Have wills been overturned due to dementia?
Yes, where clear medical evidence showed the testator lacked capacity.
82. Have courts rejected witnesses?
Yes, especially when they were beneficiaries or not present as required.
83. Have wills been invalidated for undue influence?
Yes, particularly where a caregiver or dependent relationship existed.
84. Have wills failed due to signature errors?
Yes, for example, unsigned or improperly witnessed wills.
85. Can courts protect a child’s reserved portion even against a will?
Yes, through adjustment (jämkning), courts often enforce laglott rights.
86. Can an older will replace a newer one?
Only if the newer will is invalid or revoked.
87. Have Swedish courts accepted claims of coercion?
Yes, but they require very strong evidence.
88. Are audio recordings accepted in court?
Yes, if legally obtained and relevant to the case.
89. Can a spoken cancellation of a will be valid?
No, only written revocations are legally recognized.
90. Have courts refused to invalidate suspicious wills?
Yes, where evidence was weak or speculative.
Additional Practical Questions
91. Do I have to wait for probate to contest the will?
No, you can contest as soon as the will is formally served.
92. Can I contest a will from abroad?
Yes, but you must comply with Swedish law and may need a local attorney.
93. What if there are multiple wills?
The most recent valid will is usually the one that applies.
94. Can a will be declared retroactively invalid?
Yes, an invalid will is treated as if it never existed.
95. Who defends the will in court?
Usually the beneficiary or the estate administrator.
96. Can family members testify in these cases?
Yes, but their testimony may carry less weight if biased.
97. Can a lawyer who drafted the will also be a witness?
Yes, it’s allowed.
98. Can expert witnesses testify?
Yes, especially doctors who can comment on the testator’s mental health.
99. What happens after the court’s decision?
The judgment becomes final unless appealed within three weeks.
100. Do the same rules apply to foreign wills?
Not necessarily—international inheritance law may apply. Seek legal advice in cross-border cases.
