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Swedish law does not have a direct equivalent to the Anglo-American trust as a distinct legal institution. Instead, Sweden uses other legal structures and rules for managing and protecting assets - for example foundations (stiftelser), ownership through companies, contractual custody arrangements, and guardianship or custodianship regimes. People or entities in Solna who are thinking about trusts often mean one of three things - using a foreign trust that holds assets, creating a Swedish foundation or company to hold assets, or making estate planning arrangements that achieve similar goals to a trust.
Because Solna is part of the Stockholm legal and administrative region, most trust-related legal questions - especially those involving cross-border assets, tax, or inheritance - are addressed under Swedish law and administrative practice. If assets or parties are located outside Sweden, foreign trust law or international private law can be relevant. For anyone in Solna considering trust-like solutions it is important to understand the differences between foreign trusts and Swedish options, the tax consequences, and how Swedish inheritance rules can affect planning.
Trusts and trust-like arrangements raise complex legal issues - particularly when they cross national borders or interact with inheritance and tax law. You may need a lawyer in Solna in the following common situations:
- You are considering using a foreign trust while living in Sweden and need advice on recognition, taxation, and reporting obligations.
- You want to create a Swedish alternative such as a stiftelse - foundations have formal formation and oversight requirements.
- You are doing estate planning and want to protect assets, provide for beneficiaries, or structure business succession while respecting Swedish inheritance rules, including children’s reserved shares (laglott).
- There is a dispute between beneficiaries, trustees, or administrators about how assets are managed or distributed.
- You are a trustee or custodian and need guidance on duties, liability, record-keeping and reporting to Swedish authorities.
- You need to prepare or respond to a bouppteckning - the Swedish estate inventory - after someone dies.
- You need coordinated advice on tax reporting, cross-border transfer of assets, or consequences for social security and pensions.
In these and related situations a qualified lawyer can help you choose the right legal structure, draft robust documents, communicate with authorities, and, if necessary, represent you in court.
Key legal themes and local rules to bear in mind in Solna and Sweden generally include:
- No direct trust concept - Sweden does not generally recognise an internal institution called a "trust" in the same way as common-law jurisdictions. Trust-like outcomes are achieved using foundations (stiftelse), companies, nominee arrangements, or contractual fiduciary obligations.
- Foundations - Stiftelse is a common Swedish vehicle for dedicating assets to a purpose or beneficiaries. Formation and administration are regulated under the Foundation Act - stiftelselagen. Foundations are separate legal persons and are subject to special governance rules and public supervision in some cases.
- Inheritance law - The Swedish Inheritance Code - Ärvdabalken - contains rules on succession, including protected shares for children (laglott). You cannot completely deprive some close relatives of certain statutory rights by private arrangement if those arrangements are intended to defeat forced heirs.
- Probate and estate inventory - After death, estates normally require a bouppteckning - an estate inventory signed and filed within a statutory period. This document is important for transfer of title, taxation and creditor claims.
- Taxation - The Swedish Tax Agency assesses tax consequences for transfers into and out of trust-like arrangements. Sweden abolished inheritance tax decades ago, but taxes can arise in other forms - for example capital gains, income tax on distributions, gift tax considerations in some cross-border contexts, and reporting obligations for foreign trusts.
- Private international law - If assets, settlors or beneficiaries are outside Sweden, conflict-of-law rules and EU instruments on succession may determine which law applies. Foreign trusts may be recognised or treated differently depending on the circumstances and applicable rules.
- Regulatory oversight - Foundations and certain fiduciary activities can attract public supervision. County administrative boards (länsstyrelsen) and other authorities may have roles depending on the vehicle and the assets involved.
A trust is a common-law device where legal title and beneficial ownership are separated - a trustee holds legal title for the benefit of beneficiaries. A Swedish stiftelse is a separate legal person that owns its assets outright and manages them to achieve a stated purpose. The governance, formation requirements and legal character of a stiftelse are different from a trust, and a stiftelse is often used where Swedish law is required or preferred.
It is possible to establish or be a beneficiary of a foreign trust while living in Sweden, but recognition and treatment depend on many factors - where assets are located, whether Swedish law governs succession, tax residency, and how the trust is structured. Swedish tax authorities and courts may look through the structure in certain cases. You should get specialist cross-border advice before creating or transferring significant assets to a foreign trust.
Yes. Tax treatment depends on the nature of the distribution - income, capital gains, gifts, or inheritance - and on whether the trust is considered transparent for tax purposes. Swedish tax rules may tax distributions to residents, and there can be reporting obligations for trustees and beneficiaries. A tax specialist familiar with trusts and Swedish law is advisable.
Swedish inheritance law protects certain heirs, especially children, through the laglott - the reserved portion of the estate. Attempts to use trusts or transfers to wholly avoid these statutory rights can be challenged. A careful plan that respects or lawfully modifies inheritance positions is essential.
Some foundations must be notified or registered depending on their make-up and purpose. Even if registration is not mandatory, foundations must comply with governance rules and may be subject to supervision by regional authorities. Whether registration is required depends on the size, purpose and legal form.
A stiftelse typically has a board of directors that manages its affairs. Board members should be chosen for competence and independence in line with the foundation charter. Duties include managing assets prudently and following the foundation's purpose. Liability can arise from poor governance, so professional advice is recommended when appointing managers or trustees.
Useful items include identification, a list of assets and their locations, copies of titles and account statements, existing wills or powers of attorney, any foreign trust deeds or corporate documents, family tree and beneficiary information, and relevant tax returns. Having clear documentation speeds up the advice process.
Yes. Civil disputes about property, duties of trustees, foundation governance and similar matters can be litigated in Swedish courts. If the matter involves cross-border elements, jurisdiction issues and applicable law will be part of the case. Many matters are also resolved through negotiation or mediation before court.
Common Swedish alternatives include creating a stiftelse, using companies or holding companies, life insurance structures with nominated beneficiaries, carefully drafted wills, and contractual arrangements such as usufructs or custodianship. Each has different legal, tax and practical consequences.
Costs vary with complexity, the need for tax advice, whether cross-border issues exist, and whether litigation is required. Many lawyers offer an initial consultation for a fixed fee or hourly rate. Ask about fee structures, estimated total costs, and whether you qualify for legal aid or insurance-covered legal protection.
When you are researching trust and estate matters in Solna, these types of bodies and resources can be helpful to contact or consult:
- Swedish Tax Agency - for taxation and reporting obligations.
- County Administrative Board - regional supervision matters for foundations and related entities.
- Bolagsverket - the Swedish Companies Registration Office - for company and some foundation filings.
- Swedish courts - for procedural questions and locating local registries and filing offices.
- Swedish Bar Association - for finding qualified, registered lawyers who specialise in estate, tax and cross-border matters.
- Local law firms and notaries with experience in estate planning, foundations and international private law.
- Publications and guides from reputable law firms and government agencies on estate planning, foundations and cross-border wealth management - these provide general overview and checklists.
If you need legal assistance in Solna for trust-related matters, follow these steps:
- Gather documents - collect identity documents, asset registers, wills, trust or company charters, recent tax returns and any correspondence with authorities.
- Identify the core issue - is this about creating a structure, responding to a distribution, resolving a dispute, or handling estate administration? Clear objectives help the lawyer advise efficiently.
- Search for an attorney - look for a lawyer or firm with experience in estate planning, foundations, tax law and cross-border matters. Verify professional standing and relevant experience.
- Arrange an initial consultation - ask about scope, likely steps, estimated timeline and fee arrangements. Prepare your questions in advance.
- Consider specialised tax advice - many trust issues have important tax consequences, so coordinated legal and tax advice is often necessary.
- Keep records - document meetings, signings and financial transactions. Proper records reduce future disputes and ease compliance with Swedish reporting obligations.
- If urgent - for example where assets are at risk, a beneficiary is contesting distribution, or an insolvency issue arises - seek immediate legal advice to protect rights and preserve evidence.
Legal issues involving trust-like structures in Sweden can be technical and fact-specific. A local Solna lawyer with the right expertise will help you choose appropriate solutions, comply with Swedish law and reduce the risk of unintended tax or succession consequences.
