In blended families, where one or both spouses have children from previous relationships – known as stepchildren or “särkullbarn” in Swedish – there are special inheritance rules. These rules differ from the rules for children the couple have together. Here are 100 common questions and answers about the inheritance rights of stepchildren in Sweden.
1. What is a stepchild (särkullbarn)?
A child who is biologically related to only one of the spouses in a marriage.
2. Do stepchildren have the same inheritance rights as joint children?
Yes, but stepchildren have the right to claim their inheritance immediately upon their parent’s death.
3. What is the difference between stepchildren and joint children when it comes to inheritance?
Joint children must wait until both parents have passed away.
4. Must a stepchild wait until the surviving spouse dies?
No, they can claim their inheritance immediately.
5. How much is a stepchild entitled to?
They are entitled to their “reserved portion” (laglott), which is half of their legal share.
6. What is the reserved portion (laglott)?
The part of the inheritance that children are legally entitled to, regardless of any will.
7. What is the legal share (arvslott)?
The share of the estate a child would receive if no will exists.
8. Can a stepchild be disinherited?
No, children are always entitled to at least their reserved portion.
9. Can a will reduce a stepchild’s inheritance?
Yes, but not below their reserved portion.
10. What happens if a will violates the reserved portion?
The stepchild can contest the will to claim their reserved portion.
11. How does a stepchild contest a will?
By submitting a written request within six months of receiving the will.
12. What if the stepchild does not contest the will in time?
The will stands as written.
13. What happens if there is no will?
The stepchild receives their full legal share immediately.
14. What is secondary inheritance (efterarv)?
Inheritance that is distributed when the surviving spouse passes away.
15. Are stepchildren entitled to secondary inheritance?
No, they receive their inheritance directly and do not participate in secondary inheritance.
16. What is the right of use (fri förfoganderätt)?
The surviving spouse’s right to use the inheritance freely but not give it away by will.
17. What is full ownership (full äganderätt)?
The right to use, sell, or bequeath the property freely.
18. Is the surviving spouse entitled to at least four price base amounts?
Yes, to ensure they receive a minimum level of security.
19. Can stepchildren lose their inheritance in favor of the surviving spouse?
Yes, but only if the estate is smaller than four price base amounts.
20. What is a price base amount?
An annual index used in Swedish law for various calculations.
21. What happens if the estate is smaller than four price base amounts?
The surviving spouse can keep the entire estate.
22. What is a will?
A legal document specifying how a person’s estate should be distributed.
23. Can a will completely exclude a stepchild?
No, their reserved portion cannot be removed.
24. Must a will be in writing?
Yes, and it must be witnessed by two people.
25. Can a stepchild challenge a will?
Yes, if it violates their reserved portion or formal requirements.
26. What is a will challenge (klander)?
A legal process to test the validity of a will.
27. How long does a stepchild have to challenge a will?
Six months from receiving the will.
28. Can a stepchild waive their inheritance?
Yes, but it must be done in writing.
29. What does it mean to waive inheritance in favor of the surviving spouse?
The stepchild allows the spouse to inherit, with secondary inheritance reserved for the child.
30. Can the waiver be withdrawn?
No, it is binding.
31. Can a stepchild claim their entire inheritance?
Yes, unless otherwise restricted by law.
32. Can the reserved portion be waived by agreement?
No, it is protected by law.
33. What happens if there are both joint children and stepchildren?
Joint children wait for secondary inheritance; stepchildren inherit immediately.
34. Can the surviving spouse inherit everything if there are stepchildren?
Only if the stepchildren voluntarily waive their inheritance.
35. What is an advance on inheritance (förskott på arv)?
A gift counted toward the child’s future inheritance.
36. Must advances on inheritance be considered during estate division?
Yes, unless stated otherwise.
37. Can a stepchild claim an advance on inheritance?
Yes, if there is proof it was intended as such.
38. What is estate distribution (arvskifte)?
The division of the estate among heirs.
39. Can a stepchild demand estate distribution?
Yes, they are entitled to their share immediately.
40. Who is responsible for preparing the estate distribution?
All heirs together.
41. What is an estate (dödsbo)?
The assets and liabilities left by a deceased person.
42. Who are the estate’s heirs (dödsbodelägare)?
The legal heirs and any universal beneficiaries named in a will.
43. Must stepchildren be notified of the estate inventory meeting (bouppteckning)?
Yes, as legal heirs.
44. What is an estate inventory (bouppteckning)?
A record of the deceased’s assets and debts.
45. When must the estate inventory be done?
Within three months of death.
46. Who is responsible for the estate inventory?
The heirs together.
47. What is an estate administrator (boutredningsman)?
A person appointed by the court to manage the estate.
48. Can a stepchild request an estate administrator?
Yes, if there is disagreement among heirs.
49. Who appoints the estate administrator?
The district court.
50. What is an estate divider (skiftesman)?
A person appointed to carry out the estate distribution when heirs disagree.
51. Can a stepchild request an estate divider?
Yes, if the distribution cannot be settled.
52. What is reserved portion protection (laglottsskydd)?
The legal protection ensuring children receive their reserved portion.
53. What is a secondary inheritance provision?
A clause in a will determining who inherits after the surviving spouse.
54. What does the right of use and secondary inheritance mean in practice?
The spouse uses the estate, and children inherit after the spouse’s death.
55. Can the surviving spouse give away property with the right of use?
No, only use or consume it.
56. What happens if the surviving spouse remarries?
It may affect secondary inheritance, depending on the will and the law.
57. Who are secondary heirs?
Those who inherit after the surviving spouse.
58. Can a stepchild be a secondary heir?
No, they inherit directly.
59. Can gifts affect secondary inheritance?
Yes, if they reduce the estate intended for secondary heirs.
60. What is strengthened reserved portion protection?
Protection against gifts given shortly before death that reduce the inheritance.
61. What is required to invoke strengthened reserved portion protection?
The gift must be similar to a will.
62. Can a stepchild invoke strengthened reserved portion protection?
Yes, if large gifts were made shortly before death.
63. Can a stepchild claim movable property?
Yes, if it is part of the inheritance.
64. What is separate property (enskild egendom)?
Property excluded from marital division.
65. Can a stepchild inherit separate property?
Yes, it does not affect their inheritance rights.
66. What is marital property (giftorättsgods)?
Property included in the division between spouses.
67. Does marital division affect stepchildren’s inheritance?
Yes, inheritance is distributed after the division.
68. Can the surviving spouse keep everything in the marital division?
Yes, if the estate is small, under the four base amount rule.
69. What is a will favoring the surviving spouse?
A wish for the spouse to inherit before the children.
70. Is such a will valid against stepchildren?
No, they can always claim their reserved portion.
71. What is a cohabitation agreement (samboavtal)?
An agreement between unmarried partners about property division.
72. Do cohabiting partners have inheritance rights?
No, not by law.
73. Can cohabiting partners make a will in favor of each other?
Yes, but they must still respect the children’s reserved portion.
74. What is inheritance protection for cohabiting partners?
It must be arranged through a will or insurance.
75. What happens if both spouses have only stepchildren?
Each stepchild inherits their biological parent’s estate.
76. Can stepchildren waive their inheritance in favor of their half-siblings?
Yes, but it requires an active waiver.
77. What is a promise of inheritance?
A non-binding promise to leave someone an inheritance, valid only if stated in a will.
78. Are verbal promises of inheritance valid?
No, inheritance must be in writing.
79. What is an advance on inheritance to a stepchild?
A gift counted toward their future share.
80. Can a gift from the non-biological parent count as an advance?
No, only gifts from the biological parent.
81. What is a survivor’s insurance policy?
An insurance benefit paid to a beneficiary upon death.
82. Who can be a beneficiary?
Anyone designated in the insurance contract.
83. Is insurance money part of the estate?
No, it goes directly to the beneficiary.
84. Can insurance money affect the reserved portion?
No, it is separate from the estate.
85. What is a renunciation of inheritance (arvsavsägelse)?
A formal, written waiver of future inheritance rights.
86. Is renunciation of inheritance binding?
Yes, once signed.
87. Can a stepchild withdraw a renunciation?
No, it is final.
88. What is a generational transfer?
Transferring a business or property to the next generation.
89. Does a generational transfer affect inheritance?
Yes, it can influence how the estate is divided.
90. What is a power of attorney for future needs (framtidsfullmakt)?
A document authorizing someone to manage your affairs if you become unable to do so.
91. Does a power of attorney affect inheritance?
No, it applies only while the person is alive.
92. What is a deed of gift (gåvobrev)?
A document recording a gift.
93. Must gifts be considered in estate distribution?
Yes, if they are advances on inheritance.
94. Can the surviving spouse and stepchildren agree on distribution?
Yes, through a private agreement.
95. What is a future inheritance agreement?
Generally invalid, but some agreements are allowed.
96. What happens if the stepchild cannot be located?
The heirs must make reasonable efforts to notify them.
97. What are estate administration costs?
Expenses paid before distributing the inheritance.
98. What is an estate distribution document?
A written record of how the inheritance is divided.
99. Who is responsible for completing the distribution?
All heirs together.
100. Why is legal advice important in stepchild inheritance matters?
To ensure compliance with the law and prevent future disputes.
