Best Estate Planning Lawyers in Solna

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Founded in 1994
1 people in their team
English
Advokatfirman Rätt & Råd i Stockholm AB is a Stockholm-area law firm that has provided legal advice to small businesses and private individuals since 1994. The firm maintains a general practice focus, handling a broad range of everyday legal matters including business agreements, family law,...
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About Estate Planning Law in Solna, Sweden

Estate planning in Solna follows the national legal framework of Sweden. Swedish inheritance law is governed mainly by the Inheritance Code - Ärvdabalken - and related statutes. Key estate planning tools include wills - testament - gifts during lifetime - äktenskapsförord for marriage property arrangements - and appointments for guardianship of minor children. Procedures after death include preparing an estate inventory - bouppteckning - and settling debts before distribution to heirs. Solna residents use the same national rules as elsewhere in Sweden, but local courts and public authorities located in or serving Solna handle filings and practical matters.

Why You May Need a Lawyer

Estate planning can involve emotionally sensitive decisions and complex legal structures. You may need a lawyer in Solna if you want to:

- Draft a clear and legally valid will that reflects your wishes and minimizes future disputes.

- Arrange property division through a prenuptial or postnuptial agreement to protect assets - äktenskapsförord.

- Plan for cohabitants - sambor - who do not have the same automatic inheritance rights as married spouses.

- Manage estates with complicated assets - businesses, real estate abroad, or significant investments - where specialist advice avoids unintended tax, succession or corporate consequences.

- Administer an estate after death - prepare the bouppteckning, handle creditor claims, and distribute the estate correctly.

- Resolve disputes between heirs, challenge a will, or deal with claims including questions about whether gifts should be counted as advances on inheritance.

- Appoint or challenge a testamentary executor - testamentsexekutor - or arrange guardianship for minor children.

Local Laws Overview

Key points of Swedish law that are particularly relevant to estate planning in Solna include:

- Statutory heirs and order of succession: Spouses and children have primary statutory rights. The Inheritance Code defines who inherits when there is no will. A surviving spouse and children will normally be the first in line.

- Wills: A valid will must be a written document signed by the testator in the presence of two witnesses. Witnesses must also sign. Specific formalities are essential to ensure a will is valid.

- Cohabitants: Unmarried cohabitants - sambor - do not inherit automatically. The Sambolagen covers division of certain jointly owned household property but not inheritance. Cohabitants who want to inherit must use a will or other legal arrangements.

- Matrimonial property: Marital property can be subject to giftorättsgods - property subject to division at divorce - or be designated as enskild egendom - separate property - via äktenskapsförord or testament. This affects estate division on death.

- Gifts and advances: Gifts given during lifetime can be treated as advances on an heirís share if relevant, especially within a 10-year look-back period when calculating distribution among children.

- Estate inventory and administration: After a death, a bouppteckning must be prepared and registered with the Swedish Tax Agency within a prescribed timeframe. Debts must be paid before distribution.

- No inheritance tax: Sweden abolished inheritance tax nationally in 2005, so there is no inheritance tax in most straightforward domestic cases. However, cross-border tax issues or tax rules in other countries may still apply.

- Courts and authorities: Probate litigation and estate disputes are handled by district courts - tingsrätt - while the Swedish Tax Agency handles registration of estate inventories. Local legal aid and court services in the Solna area assist with practical filings and procedural matters.

Frequently Asked Questions

Do I need a will if I am married and have children?

Not strictly - statutory rules will determine inheritance if you die intestate. However a will allows you to specify distributions that differ from the default order - for example to provide differently for a surviving spouse, to leave items to non-family, to create a testamentary trust, or to appoint a testamentary executor. A will also gives clarity and can reduce family disputes.

How do I make a valid will in Sweden?

A will must be written and signed by you in the presence of two witnesses who are present at the same time and who also sign the document. Witnesses should not be beneficiaries or closely connected to beneficiaries where a conflict may arise. Following the formalities helps ensure the will is upheld by courts and registries.

Can I disinherit my children?

Swedish law protects certain heirs by law, notably children have a protected portion under the concept of laglott. You can attempt to disinherit but statutory protections may limit how much of the estate you can remove from a childís share. Legal advice is important if you want to make such arrangements.

What happens to my home if I live with a partner but are not married?

Unmarried cohabitants do not automatically inherit each other. The Sambolagen covers division of shared household goods and the home if it was acquired for joint use - but inheritance requires a will or other legal arrangements. Cohabitants should consider a will or ownership arrangements to secure each otherís rights.

What is a bouppteckning and when must it be done?

A bouppteckning is the estate inventory prepared after death, listing assets and debts. It must be completed and registered with the Swedish Tax Agency within a specific period after death, and is a prerequisite for distributing the estate and settling creditor claims. Preparing it accurately is important for correct administration.

Do I need a lawyer to administer an estate?

Not always, but a lawyer is highly recommended when the estate is large, the assets are complex, heirs disagree, there are foreign elements, or creditor matters are disputed. A lawyer can help with the bouppteckning, creditor claims, tax issues, and court proceedings if needed.

How are gifts I give during my lifetime treated at death?

Gifts to heirs can be treated as advances on inheritance, and Swedish law includes rules that can require such gifts to be taken into account when dividing the estate - often considering gifts made within 10 years of death. Proper documentation and legal advice help avoid unexpected consequences.

What is an äktenskapsförord and should I have one?

An äktenskapsförord is a marriage agreement that designates certain property as separate - enskild egendom - rather than marital property subject to division. It is useful where spouses want to protect family businesses, inherited assets, or other property from being divided on divorce or impacted by estate distribution on death.

How long does the probate process usually take in Sweden?

The time varies with complexity. A straightforward bouppteckning and distribution may take a few months, while estates with disputes, many creditors, business interests, or foreign assets can take a year or more. Timely preparation, clear documentation, and legal help can shorten delays.

What should non-Swedish residents or foreign nationals consider?

Cross-border issues complicate estate planning. Choice of law, assets located abroad, double taxation risk in other jurisdictions, and language issues all matter. Foreign nationals should review Swedish inheritance rules alongside the laws of other countries where assets are located - legal advice that covers both jurisdictions is advisable.

Additional Resources

Useful bodies and resources for estate planning in Solna include national authorities and professional organisations such as the Swedish Tax Agency for bouppteckning procedures, district courts - tingsrätt - for probate and litigation, and the Swedish Bar Association for lists of qualified lawyers. Other relevant public bodies include social insurance and pension authorities for pension beneficiary matters, and enforcement authorities for debt questions. Local law firms and legal aid services in the Solna-Stockholm area can provide consultations and representation. If you are unsure about eligibility for state legal aid - rättshjälp - check with the relevant authority or a local law firm.

Next Steps

If you need legal assistance with estate planning in Solna follow these practical steps:

- Gather key documents - proof of identity, property deeds, bank and investment statements, insurance and pension details, marriage certificates, cohabitation agreements, and existing wills or prenuptial agreements.

- Decide on your main objectives - who should inherit, special gifts, guardianship for minors, protection of family business, or arrangements for a cohabitant.

- Book an initial consultation with an experienced estate lawyer in the Solna area. Ask about their experience with wills - estate administration - family law and cross-border matters, language capabilities, and fee structure. Request a written fee estimate for projects such as drafting a will or administering an estate.

- Draft or update documents - a clear, formally valid will and any äktenskapsförord help prevent later disputes. Consider appointing a testamentary executor if you want a trusted person to manage the estate.

- Keep copies in a safe place and inform trusted family members or your lawyer where original documents are stored. Review your estate plan regularly - for example after marriage - divorce - birth of children - significant changes in assets - or moving abroad.

If you are dealing with an immediate post-death situation, act quickly to begin the bouppteckning and to secure assets. When in doubt, consult a qualified lawyer who can explain your rights and obligations under Swedish law and help you make enforceable arrangements that reflect your wishes.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.