100 Questions and Answers About Inheritance and Wills

General Questions About Inheritance

1. What is inheritance?
Inheritance refers to the property or assets that are passed on to surviving individuals when someone dies.

2. Who is entitled to inherit under Swedish law?
Children, grandchildren, spouses, and in some cases parents and siblings, are entitled to inherit under the statutory order of succession.

3. What is the order of succession?
It is the legal ranking that determines which relatives inherit when no will (testament) exists.

4. Can children be disinherited?
No. Children are always entitled to their reserved share, known as the “laglott” – half of their statutory inheritance.

5. What is the reserved share (laglott)?
The reserved share is the portion of the inheritance that a child is always entitled to, regardless of what a will says.

6. What happens if there are no legal heirs?
The inheritance goes to the Swedish state via the General Inheritance Fund (“Allmänna arvsfonden”).

7. Can cohabiting partners (sambor) inherit from each other?
No, unless they have written a will. Cohabiting partners have no automatic inheritance rights.

8. What is a distribution of estate (arvskifte)?
It is the legal process in which the estate is formally divided among the heirs.

9. What is the difference between an estate (dödsbo) and inheritance?
The estate refers to the legal entity that manages the deceased’s property until the inheritance is distributed.

10. Who is responsible for the debts in an estate?
Debts are paid from the estate’s assets. Heirs are not personally responsible for those debts.

Wills and Legal Rights

11. What is a will (testamente)?
A will is a legal document in which you specify how your property should be distributed after your death.

12. Does a will have to be in writing?
Yes. It must be in writing and witnessed by two people who are present at the same time.

13. Can I write my own will?
Yes, but it must comply with formal legal requirements to be valid.

14. Who can witness a will?
Two people aged 15 or older who are not heirs or close relatives of the testator.

15. Can a will be invalidated?
Yes, for example if it was written under undue influence or doesn’t meet legal formality requirements.

16. What is a “särkullbarn”?
A “särkullbarn” is a child who is not the joint child of the deceased and their surviving spouse.

17. Do “särkullbarn” have the right to inherit immediately?
Yes, they are entitled to receive their inheritance directly after the death of their parent, even if a spouse survives.

18. Can a “särkullbarn” choose to waive their inheritance?
Yes, they can voluntarily defer or waive their share in favor of the surviving spouse.

19. What if the “särkullbarn” is a minor?
A legal guardian or trustee will handle the child’s inheritance under state supervision.

20. Do “särkullbarn” and joint children inherit equally?
Yes, all biological children have equal inheritance rights under Swedish law.

Cross-Border and International Inheritance

21. Do cohabiting partners automatically inherit from each other in Sweden?
No, under Swedish law cohabiting partners (sambor) do not automatically inherit unless there is a valid will.

22. How can cohabiting partners ensure they inherit from each other?
By drafting a legally valid will that clearly states the intention to leave assets to each other.

23. Do cohabiting partners have a right to a property division?
Yes, in some situations they may request a division of shared home and household property acquired for joint use.

24. What is included in the property division for cohabiting partners?
Only the shared residence and household goods bought for joint use are included.

25. Can a cohabiting partner inherit without a will?
No, without a will, cohabiting partners have no legal right to inherit under Swedish law.

26. What happens if the deceased had assets in several countries?
Inheritance and taxes may need to be handled separately in each country where assets are located.

27. Does Swedish inheritance law apply abroad?
Yes, if the deceased was a Swedish citizen and resident in Sweden, Swedish law may apply under EU inheritance regulations.

28. Can you choose which country’s law applies to your inheritance?
Yes, under the EU Succession Regulation, you may choose the law of your country of nationality to apply to your estate.

29. Do I need multiple wills for assets in different countries?
Possibly. If you have significant assets abroad, it may be wise to have separate wills tailored to each country’s legal system.

30. Can heirs live in different countries?
Yes, but it can affect inheritance distribution and taxation depending on local laws.

Legal and Financial Considerations

31. Do you have to pay inheritance tax in Sweden?
No. Inheritance and gift taxes were abolished in Sweden in 2005.

32. Can an inheritance affect my eligibility for welfare or housing benefits?
Yes. A large inheritance may impact your entitlement to financial aid or social benefits.

33. Do you have to declare an inheritance in your tax return?
No, but any income generated from inherited assets may need to be declared.

34. What happens to deferred capital gains tax (reavinst) when inheriting a property?
The tax deferral usually follows the property and is transferred to the heir.

35. Is there inheritance tax if I receive assets from abroad?
It depends on the laws of the country the inheritance comes from. Sweden does not impose inheritance tax.

36. Do I need a lawyer for inheritance matters?
It’s not legally required, but hiring a lawyer is recommended—especially in complex cases or when disputes arise.

37. How much does a lawyer cost in inheritance cases?
Fees vary, but they are often shared among the heirs. Get a cost estimate in advance.

38. Who pays for the lawyer during the estate inventory (bouppteckning)?
The estate pays the legal fees before the inheritance is distributed.

39. Can I apply for legal aid for an inheritance matter?
Yes, if your income is low and the case qualifies, you may be granted legal aid.

40. Where can I find a lawyer who specializes in inheritance law?
Through the Swedish Bar Association (Advokatsamfundet), private law firms, or referrals from banks and insurance companies.

Disputes and Executors

41. What is an estate inventory (“bouppteckning”)?
It’s an official list of the deceased’s assets and debts, submitted to the Swedish Tax Agency (Skatteverket).

42. When must the estate inventory be completed?
Within three months after the death, and it must be submitted to the Tax Agency within four months.

43. Who is responsible for conducting the estate inventory?
The heirs or estate representatives, often with help from a lawyer or family member.

44. What happens if the estate inventory is submitted late?
Delays can postpone the inheritance process and may lead to penalties from the Tax Agency.

45. Do I need a lawyer to do an estate inventory?
No, but it’s highly recommended to avoid formal errors and potential disputes.

46. What is an advance on inheritance?
It’s a gift given during the donor’s lifetime to an heir that is counted toward their inheritance share later.

47. Does an advance on inheritance need to be documented?
Yes, it should be clearly written down—ideally in a deed of gift (gåvobrev).

48. How is an advance on inheritance calculated?
It is deducted from the heir’s portion during the estate distribution unless stated otherwise.

49. Does an advance count even if it’s not mentioned in a will?
Yes, if it was given to a child (bröstarvinge), it’s presumed to be an advance unless stated otherwise.

50. Can I give an advance to one child and not to others?
Yes, but it can create conflicts, so it should be documented and communicated clearly.

51. What if heirs disagree about the inheritance?
A court-appointed estate administrator (boutredningsman) or division executor (skiftesman) can be requested.

52. What is an estate administrator (“boutredningsman”)?
A lawyer appointed by the court to settle and distribute the estate if heirs cannot agree.

53. Who pays for the estate administrator?
Their fees are usually paid from the estate.

54. Can an estate inventory be contested?
Yes, if someone believes the information is incorrect or incomplete.

55. What happens if a will is challenged?
It can be contested (“klandras”) within six months of being formally notified.

Inheritance for Children and Spouses

56. Who represents a child in inheritance matters?
The child’s legal guardian does. If there is a conflict of interest, a trustee (god man) is appointed.

57. Can a child receive a large inheritance?
Yes, but the management of the funds is subject to rules in the Swedish Parental Code and may be overseen by the municipal guardianship authority (överförmyndaren).

58. What is a guardianship authority (överförmyndare)?
A municipal authority that supervises guardians, trustees, and the management of minors’ assets.

59. Can a child’s inheritance be placed in a restricted account?
Yes, and this is common practice to protect the child’s inheritance until they reach legal age.

60. When can a child access their inheritance?
Typically at the age of 18, unless otherwise specified in a will.

61. What happens to the inheritance if the deceased was married?
The surviving spouse usually inherits before the joint children. The children receive their inheritance only after both parents have passed away.

62. Do spouses always inherit from each other?
Yes, unless there are children from a previous relationship (särkullbarn) or a will that states otherwise.

63. What is a spouse’s inheritance right?
The spouse inherits the full estate with the right to dispose of it freely, though not by will if it infringes on the children’s rights.

64. What is the right of free disposal (fri förfoganderätt)?
It allows the surviving spouse to use and manage the estate but not give away or bequeath the children’s reserved share.

65. What is a remainder inheritance (efterarv)?
It’s the inheritance that children receive after the death of the surviving spouse.

66. Do I always inherit from my parents?
Yes, unless there is a valid will stating otherwise.

67. What happens if I have siblings?
The inheritance is divided equally among all children.

68. What if a sibling has passed away before the parent?
That sibling’s children (i.e., the grandchildren) inherit their parent’s share.

69. Can my parents disinherit me?
No. As a direct heir (bröstarvinge), you are always entitled to your reserved share (laglott).

70. What happens if my parent remarries?
The new spouse may inherit before you, especially if you are a joint child of the marriage.

Inheritance to Organizations and Businesses

71. Can I leave my inheritance to an organization?
Yes, you can specify in your will that all or part of your estate should go to a non-profit organization or charity.

72. Does the organization have to accept the inheritance?
No, but they must be notified and can choose to accept or challenge the will.

73. What happens if the organization no longer exists at the time of my death?
Unless otherwise specified, the inheritance may go to a similar organization or, if no clear substitute exists, to the Swedish General Inheritance Fund (Allmänna arvsfonden).

74. Can a company inherit?
Yes, a legal entity such as a limited company (aktiebolag) can be named as an heir in a will.

75. Are inheritances to organizations taxed?
No, charitable organizations in Sweden are generally exempt from inheritance tax, which is abolished in Sweden.

Digital Inheritance

76. What happens to my digital accounts when I die?
They become part of your estate. However, access to them depends on the terms and policies of each platform.

77. Can I include digital assets in my will?
Yes, you can specify how you want your digital assets such as accounts, cryptocurrencies, and cloud services to be handled.

78. How can heirs gain access to email or social media accounts?
They typically need to submit a death certificate and, in some cases, a court order depending on the provider’s policies.

79. Should I write down my passwords for my heirs?
Yes, it’s a good idea to securely store passwords and access instructions for trusted family members or in a legal document.

80. Is cryptocurrency considered inheritance?
Yes, it is treated as a financial asset and must be included in the estate inventory (bouppteckning).

Practical Tips and Common Issues

81. Where should I keep my will?
In a safe place—ideally with a lawyer or in a bank safety deposit box. Let a trusted person know where it is.

82. How do heirs know a will exists?
You can inform them in advance or provide instructions to the estate inventory official (bouppteckningsförrättare).

83. What should I consider when writing a will?
That it’s clear, legally valid, and signed in the presence of two impartial witnesses.

84. Can a will cover only specific items or assets?
Yes, you can specify individual items or parts of your estate in your will.

85. How often should I update my will?
After major life events such as marriage, divorce, birth of a child, buying property, or moving abroad.

86. Can I change my will?
Yes, by writing a new will that revokes the previous one.

87. Is an oral will valid?
Only in emergencies—such as on your deathbed—and under very strict conditions.

88. Do stepchildren inherit automatically?
No. Stepchildren are not legal heirs unless named in a will.

89. What is a testamentary heir?
Someone specifically named in a will to receive all or part of the estate.

90. Can an ex-spouse inherit?
No, not after divorce—unless the will explicitly states otherwise.

Contesting and Validity of Wills

91. Is a Swedish will valid abroad?
It depends on the laws of the country in question, but a properly executed Swedish will is often recognized within the EU under the EU Succession Regulation.

92. What is an estate administrator (boutredningsman)?
A person, often a lawyer, appointed by the court to help resolve and distribute the estate when heirs disagree.

93. Who can be appointed as a legal guardian (god man) in inheritance matters?
The district court (tingsrätt) appoints a guardian when there is a conflict of interest or special needs.

94. Can I give away everything before I die?
Yes, but such gifts may be challenged in court if seen as an attempt to circumvent inheritance laws.

95. What is a mutual will (inbördes testamente)?
A joint will made by two people—usually spouses or cohabiting partners—specifying shared wishes.

96. Can I give my home to my children before death?
Yes, but it is typically considered an advance on inheritance and must be reported accordingly.

97. Should I write a will if I don’t have children?
Yes, if you want to decide who should inherit, rather than leaving it to distant relatives or the Swedish state.

98. How long is a will valid?
Until it is replaced by a new one or declared invalid by a court.

99. Does Swedish inheritance law apply if I live abroad?
Yes, if you are a Swedish citizen, Swedish inheritance law may apply based on EU rules—especially if you’ve chosen it in your will.

100. What is the most important thing to remember about inheritance?
Plan ahead, write a will if necessary, and communicate openly with those involved.