A will (testamente) is a written legal document that sets out how your property should be distributed after your death. In Sweden the rules are governed mainly by the Inheritance Code (Ärvdabalken, 1958:637). If you die without a will, your estate passes according to the statutory order of inheritance, which may not match what you want, especially if you are unmarried, in a cohabiting relationship, or have family abroad.
For internationals living in Sweden, a will matters more than many expect. A cohabiting partner (sambo) inherits nothing automatically, a spouse's inheritance is shaped by Swedish default rules, and where you are habitually resident can decide which country's inheritance law applies to your whole estate under EU Regulation 650/2012. A correctly written will is the main tool you have to control these outcomes.
This guide explains, in plain English, what a testamente is, when you need one, the formal legal requirements, the limits Swedish law places on your freedom to give your property away, and the mistakes that most often make a will invalid. The Swedish terms are kept in parentheses so you can match them to official documents and forms.
What is a will (testamente)?
A will (testamente) is a written document in which you decide who should receive your property after you die. It only takes effect on death and can be changed or revoked by you at any time while you are alive and of sound mind. Anyone aged 18 or over can make a will; a 16-year-old may make one covering only property they are legally allowed to manage themselves. Without a will, Swedish law applies the statutory order of heirs (den legala arvsordningen) under the Inheritance Code (Ärvdabalken): first your children and their descendants (bröstarvingar), then parents and siblings, and so on. A will lets you depart from that default order, for example to provide for a partner, a friend, a charity, or stepchildren who would otherwise inherit nothing. Note that Sweden abolished inheritance and gift tax from 1 January 2005, so beneficiaries do not pay Swedish inheritance tax on what they receive.
When do you need a will in Sweden?
You most need a will when the statutory order would not give the result you want. The clearest case is cohabitation: a sambo (cohabiting partner) has no automatic right of inheritance under Swedish law. The Cohabitees Act (Sambolagen, 2003:376) only divides the shared home and household goods bought for joint use, and even that requires a request; everything else, and any real inheritance right, requires a will. Married couples are partly protected, because a surviving spouse inherits ahead of the couple's joint children under Chapter 3 of the Inheritance Code, but children from a previous relationship (särkullbarn) can demand their share immediately, so a will is often used to balance this. You should also consider a will if you have no children and want to choose your beneficiaries, if you want to leave specific items or sums to named people, if you want gifts to be the recipient's private property (enskild egendom) and not part of their future marital property, or if you have assets or heirs in more than one country.
Legal requirements for a valid will
The form rules are strict and set out in Chapter 10 of the Inheritance Code (10 kap. Ärvdabalken). A will must be in writing. The person making it (the testator) must sign the document, or acknowledge their existing signature, in the simultaneous presence of two witnesses (vittnen). Both witnesses must then sign the document. The witnesses must know that the document is a will, but they do not need to know its contents. They should add their occupation and place of residence, and it is good practice for them to note the date and any circumstances relevant to validity. There is no requirement to register a will with any authority, and notarisation is not used in Sweden; the witnessed document itself is what counts. A limited exception exists for an emergency will (nödtestamente) under 10 kap. 3 §: someone prevented by illness or another emergency from making a formal will may declare it orally before two witnesses, or write and sign it themselves without witnesses. An emergency will lapses if, for three months afterwards, the testator was able to make an ordinary will.
Who can (and cannot) be a witness
Choosing valid witnesses is where wills most often fail. Under 10 kap. 4 § of the Inheritance Code, a witness must be at least 15 years old and must understand the meaning of witnessing (so someone whose mental state prevents this is disqualified). Critically, a witness must be independent of the will. The testator's spouse, partner, and close relatives in a direct line (such as parents, children, grandchildren) or siblings cannot witness. Above all, no one who benefits under the will, and no close relative of a beneficiary, may act as a witness. A guardian, trustee or administrator (god man or förvaltare) for a beneficiary, and a board member of an organisation receiving a gift, are also disqualified. If a beneficiary or their relative witnesses the will, the disposition to that person can be void. The safe approach is to use two neutral adults, for example colleagues or neighbours, who receive nothing and are unrelated to anyone who does.
Limits on your freedom: laglott and forced heirship
Swedish law does not give you complete freedom to disinherit your children. Under Chapter 7 of the Inheritance Code (7 kap. Ärvdabalken), your direct descendants (bröstarvingar) are always entitled to a reserved portion called the laglott. The laglott is half of the share they would have received under the statutory order (arvslotten). You may freely dispose of the other half by will, but the protected half belongs to your children. If a will encroaches on a child's laglott, that child does not get it automatically; they must actively request an adjustment (begära jämkning) of the will. This claim must be made within six months of the child being notified of the will (7 kap. 3 §), otherwise the right is lost. For internationals, note that whether laglott applies at all can depend on which country's law governs your estate under EU Regulation 650/2012, which makes the choice-of-law point below important.
International issues and common mistakes
If you are an international living in Sweden, the EU Succession Regulation 650/2012 (Brussels IV) usually applies. By default the law of the country where you were habitually resident at death governs your entire succession, so living in Sweden long-term generally means Swedish inheritance law applies, including laglott. Article 22 lets you instead choose, expressly in your will, the law of a country whose nationality you hold. This choice-of-law clause is one of the most valuable things a will can contain for a foreigner, but it must be stated explicitly. Common mistakes include: using a beneficiary or a beneficiary's relative as a witness; the two witnesses not being present at the same time; assuming a cohabiting partner will inherit without a will; assuming a foreign will automatically works in Sweden without addressing applicable law; trying to fully disinherit children while ignoring laglott; and failing to keep the original safely, since a lost original can be treated as revoked. Because the consequences are serious and Swedish reform of inheritance law is under discussion, get individual advice for anything beyond a simple estate.
FAQ
Do I need a lawyer or notary to make a will in Sweden?
No. Sweden does not use notarisation for wills, and there is no legal requirement to involve a lawyer. A will is valid if it is in writing, signed by you in the simultaneous presence of two qualified, independent witnesses, and signed by them. That said, for anything beyond a very simple estate, especially with assets or heirs abroad or with stepchildren, individual legal advice is strongly recommended because the formal and forced-heirship rules are unforgiving.
Will my cohabiting partner (sambo) inherit if I die without a will?
No. A cohabiting partner has no automatic right of inheritance under Swedish law. The Cohabitees Act (Sambolagen) only allows a division of the shared home and household goods bought for joint use, and only on request. To give your sambo any real inheritance, you must write a will naming them. This is one of the most common and costly misunderstandings among internationals living in Sweden.
Can I disinherit my children in Sweden?
Not completely. Your direct descendants (bröstarvingar) are entitled to a reserved portion called the laglott, which is half of what they would have inherited under the statutory order. You can freely will away the other half, but the protected half is theirs. A child whose laglott is encroached on must claim an adjustment (jämkning) within six months of being notified of the will, or the right is lost.
Can I choose my home country's inheritance law instead of Swedish law?
Often yes. Under EU Regulation 650/2012, the default is the law of your country of habitual residence at death, which is usually Sweden if you live here. However, Article 22 lets you expressly choose, in your will, the law of a country whose nationality you hold. The choice must be stated clearly in the will. This can affect whether Swedish forced-heirship (laglott) rules apply to your estate.
How do I change or revoke a will?
You can revoke or change a will at any time while you are of sound mind. The cleanest way is to make a new will that states it replaces the previous one, using the same formal requirements (writing plus two valid witnesses). Destroying the original is also treated as revocation, which is why a lost original can unintentionally be deemed revoked. Keep your current original somewhere safe and make sure it can be found.
Is there inheritance tax on what my beneficiaries receive in Sweden?
No. Sweden abolished inheritance and gift tax with effect from 1 January 2005, so beneficiaries do not pay Swedish inheritance tax on what they receive through a will or by law. Note that other obligations may still apply, such as completing an estate inventory (bouppteckning) and registering it with the Swedish Tax Agency (Skatteverket), and assets located in another country may be taxed under that country's rules.
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