Formal requirements for a Swedish will
Under the Inheritance Code, a will must normally be in writing, and the testator must sign it or acknowledge their signature in the simultaneous presence of two witnesses. The witnesses must also sign and must know that the document is a will, although they do not need to know its contents. Special rules apply to emergency wills.
A person must generally be 18 years old to make a will, although a person aged 16 or over may make a will concerning property they are entitled to dispose of themselves.
Who may act as a witness
Witnesses must be at least 15 and capable of understanding the significance of witnessing. The testator's spouse, cohabitant, siblings and relatives by blood or marriage in the direct ascending or descending line may not act as witnesses. A witness may not witness a provision benefiting themselves or a person within the prohibited family relationships. Further restrictions apply to certain representatives and office-holders where a provision benefits the person or organisation they represent.
Testamentary freedom and its limits
Swedish law gives considerable testamentary freedom, but it is not unlimited. Descendants may claim their reserved share (laglott), which is half of their statutory share. A will cannot always override these mandatory rights, and a will that disregards them may lead to a claim after death.
A will cannot override the surviving spouse's statutory minimum protection of four price base amounts, calculated taking account of the property received on division of marital property and the spouse's separate property. Careful drafting is therefore needed, particularly where there are children from previous relationships.
Cross-border wills and choice of law
For individuals with links to more than one country, a will can be used to choose the law of a state of nationality to govern the succession under the EU Succession Regulation. Such a choice can bring predictability but may also have consequences for reserved shares and spousal rights that should be considered in advance.
Questions of formal validity of wills drawn up abroad are governed by separate rules, including the 1961 Hague Convention on the form of testamentary dispositions, to which Sweden is a party. Whether a foreign will is formally valid, and how it will be interpreted, must be examined case by case.
Revocation and interpretation
A will may be revoked by destroying it, by making a new will, or by otherwise clearly expressing the intention to revoke it. Where a will is unclear, Swedish courts seek to establish the testator's actual intention.
When a will is to be relied upon after death, the heirs must be formally served with it (delgivning). The time limits for challenging the will and for claiming reserved shares generally run from that service.
Frequently asked questions
Do Swedish wills need to be registered?
There is no compulsory public register of wills in Sweden. It is important that the original is kept safely and can be found after death.
Is a foreign will valid in Sweden?
It may be. Formal validity is assessed under applicable conflict-of-laws rules, including the Hague Convention of 1961. Each will should be examined individually.
Can a will give everything to my spouse?
Often a will can strengthen a spouse's position, but children – especially särkullbarn – may still be able to claim their reserved share.
This page provides general information about Swedish law and is not legal advice. The outcome of any matter depends on its specific facts.