Contesting a will (klander)
An heir who considers a will invalid – for example because of formal defects, lack of capacity or undue influence – may bring an action to challenge it (klandertalan) in the district court. The action must generally be brought within six months of the heir being formally served with the will.
Reserved-share claims
A descendant whose reserved share is infringed by a will must request adjustment of the will (jämkning) within six months of being formally served with it, either by notifying the affected beneficiary or by bringing proceedings against that beneficiary. This is separate from challenging the will's validity, which requires court proceedings within the six-month period; notification alone is insufficient for that challenge.
Lifetime gifts and advance inheritance
Gifts made during the deceased's lifetime may affect the distribution. Gifts to descendants are as a main rule presumed to be an advance on inheritance (förskott på arv), to be deducted from the recipient's share unless the circumstances indicate otherwise.
Where a lifetime gift was made in such circumstances, or on such terms, that it is comparable to a will, a descendant may in certain cases seek recovery to protect the reserved share, unless special reasons weigh against it. Proceedings against the recipient must be brought within one year after the estate inventory was concluded; this is not the six-month deadline for adjustment of a will.
Disputes in the administration and distribution
Disagreements may also concern the management of the estate, the valuation of assets or the content of the arvskifte. An estate administrator or estate distributor can be appointed by the court. A distribution carried out by an estate distributor may be challenged in court within a specific period after the distribution.
Different deadlines, different rules
There is no single deadline that applies to all inheritance disputes. The time limit depends on the type of claim, on when service took place and on the procedural steps already taken. An early review of the documents is therefore essential.
Frequently asked questions
I live abroad and have just received a Swedish will. What should I do?
Note the date on which you were formally served, as several time limits run from that date. Seek advice promptly.
Is court the only option?
No. Many disputes are resolved by negotiation or with the help of a court-appointed estate distributor.
This page provides general information about Swedish law and is not legal advice. The outcome of any matter depends on its specific facts.