Best Will & Testament Lawyers in Borgholm

About Will & Testament Law in Borgholm, Sweden

In Borgholm, as in the rest of Sweden, wills and inheritance are governed primarily by the Swedish Inheritance Code, known in Swedish as Ärvdabalken. A will, called a testamente, lets you decide who receives your property when you pass away, name an executor to administer your estate, and set conditions or instructions for gifts. National law applies uniformly, but your practical contacts and any court proceedings will be local to Borgholm and Kalmar County.

Sweden has strong protections for close family, especially children and spouses. Children have a forced share called laglott, and spouses benefit from special protections during division of marital property and inheritance. Cohabiting partners do not have automatic inheritance rights, so written planning is essential for couples who are not married.

There is no public registration of wills in Sweden. Valid wills must follow formal rules, be kept safely in original form, and be presented during the estate inventory process after death. In Borgholm, families typically hold the estate inventory meeting locally and file the registration with the Swedish Tax Agency, while any disputes are handled by the Kalmar District Court.

Why You May Need a Lawyer

You may benefit from legal advice if you are in a blended family with children from previous relationships, want to protect a cohabiting partner, or own real estate on Öland. A lawyer can tailor your will to meet your goals without violating forced share rules, and can advise on the best structure for charitable gifts or gifts to friends.

Legal help is especially useful if you have international ties, such as foreign citizenship, property outside Sweden, or beneficiaries living abroad. The EU Succession Regulation and conflict of laws rules can affect which country’s law applies and how your will is interpreted. A lawyer can help you choose applicable law when allowed and ensure your will functions across borders.

If you own a business, have significant investments, want to appoint an executor or trustee-like arrangement, or anticipate family disagreements, legal drafting reduces the risk of challenges. A lawyer can also coordinate a will with related documents, such as a prenuptial agreement or a future power of attorney, and can arrange secure storage for your original will.

Local Laws Overview

Formal requirements for a Swedish will include a written document signed by you and witnessed by two people at the same time. The witnesses must understand that they are witnessing a will, though they do not need to know the contents. Witnesses must be at least 15 years old and mentally competent. A beneficiary under the will, or someone closely related to a beneficiary, cannot act as a witness. Notarization is not required, and digital or electronically signed wills are not valid.

Children have a reserved portion known as laglott that equals half of what the child would receive if there were no will. A child who has been left less than the forced share must request an adjustment within a limited time after being informed of the will. You cannot fully disinherit a child except in rare cases set by law.

Spouses have strong protections. Before inheritance is distributed, there is usually a marital property division. The surviving spouse also benefits from a minimum protection rule that ensures a basic minimum amount. Common children usually inherit only after the surviving spouse. Children from a previous relationship, known as särkullbarn, generally have a right to inherit immediately, unless they choose to wait until the surviving spouse later passes away.

Cohabiting partners do not inherit automatically. The cohabitation law mainly protects the shared home and household goods during separation or death. If you wish to provide for a cohabiting partner, you must do so by will or other planning.

Emergency wills, called nödtestamente, can be made when it is not possible to follow the normal formalities. In such cases a handwritten and signed will without witnesses, or an oral will before two witnesses, can be valid temporarily. If the emergency passes and you live for a period after that, you must make a formally valid will for your wishes to continue to apply.

Revoking or changing a will is done by creating a new will that states the previous one is revoked, by making a codicil, or by physically destroying the original. Always keep track of originals and communicate changes to those who need to know.

International rules matter in Borgholm when you have cross-border connections. The EU Succession Regulation often applies and typically uses the law of your habitual residence, but you may be able to choose the law of your nationality. Planning with a lawyer helps ensure your will works properly if you have property or beneficiaries in more than one country.

There is no inheritance or gift tax in Sweden. However, taxes may arise later when inherited assets are sold, and property transfers can have stamp duty consequences in certain situations. A lawyer can coordinate with a tax advisor for efficient planning.

After death, the estate inventory must be prepared and registered with the Swedish Tax Agency. The meeting is typically held within three months of death, and the registered inventory is usually filed within four months, unless an extension is granted. Disagreements over wills, executors, or administration are handled by the district court that covers Borgholm, which is the Kalmar District Court.

Frequently Asked Questions

What makes a will valid in Sweden?

A valid Swedish will must be in writing, signed by the person making the will, and witnessed by two witnesses who are present at the same time. The witnesses must understand they are witnessing a will but do not need to read it. They should include their names, occupations, and contact details. Notarization is not required, and electronic signatures are not accepted.

Who can be a witness to my will?

Witnesses must be at least 15 years old and mentally competent. A beneficiary in the will cannot be a witness. Nor should a witness be the spouse, partner, parent, child, or sibling of a beneficiary. Choose impartial adults who can later confirm the signing if needed.

Can I disinherit my children?

Children have a protected share called laglott, which is half of what they would receive under the default inheritance order. You cannot take away the laglott through a will. If a child receives less than the forced share, the child can demand an adjustment within the legal time limit after being informed of the will.

How are spouses and cohabiting partners treated differently?

Spouses have strong inheritance protections, including marital property division and a minimum protection rule. Common children usually receive their inheritance after the surviving spouse. Cohabiting partners do not inherit automatically. If you want a cohabiting partner to inherit or to have the right to live in the home, you need to provide for this in a will or through other planning.

What happens if I die without a will?

If there is no will, Swedish law decides who inherits. The order begins with children and grandchildren, then parents and siblings, and so on. A surviving spouse typically inherits before common children. Cohabiting partners have no automatic inheritance. Without a will, your preferences about gifts to friends, charities, or stepchildren will not be carried out.

Is there inheritance tax in Sweden?

Sweden abolished inheritance and gift taxes. Receiving an inheritance does not trigger inheritance tax. However, there can be other tax effects, such as capital gains tax when inherited assets are later sold, and stamp duty in some property transfers. A lawyer or tax advisor can help you understand these issues.

Can I write my will in English or another language?

Yes, a will can be written in another language. For practical reasons, a Swedish version is helpful for the estate inventory and any court proceedings. If you use another language, consider preparing a bilingual document or a certified translation to avoid delays.

Can my spouse and I make a joint will?

Yes, spouses commonly make a mutual will that sets out what happens on the first death and on the second death. It is important to address the rights of children from previous relationships and the surviving spouse’s protections. A lawyer can help you draft a joint plan that complies with Swedish law.

How do I change or revoke my will?

You can change your will by making a codicil that follows the same witnessing formalities or by executing a new will that clearly states it revokes the earlier one. Destroying the original will can also revoke it. Keep track of originals and inform your executor or close family where the latest version is stored.

How do I challenge a will, and what are the time limits?

There are different deadlines depending on the type of challenge. A child who wants to claim the forced share must act within a short period after being notified of the will, often six months. Other challenges, such as claims about invalid execution or undue influence, also have time limits. Disputes are handled by the district court that covers Borgholm, which is Kalmar District Court. Get legal advice quickly if you think a challenge may be necessary.

Additional Resources

Swedish Tax Agency, Skatteverket - registers estate inventories, provides forms, and gives procedural guidance for the estate inventory process.

Kalmar District Court, Kalmar tingsrätt - the court that handles will disputes, appointment of estate administrators, and related inheritance matters for Borgholm residents.

Swedish Bar Association, Advokatsamfundet - professional body that can help you find a qualified lawyer for wills and inheritance.

Borgholm Municipality, Borgholms kommun - local information about practical matters following a death and contact details for local services.

Land Registration Authority, Lantmäteriet - handles title matters for real property that may need updating after an inheritance.

Consular services for foreign nationals - embassies and consulates can provide general guidance for citizens with cross-border estates and may assist with notarization of translations or signatures for related documents, even though notarization is not required for Swedish wills.

Next Steps

Start by listing your assets and debts, including any real estate on Öland, bank accounts, investments, business interests, insurance, and personal items of high or sentimental value. Prepare a family tree that notes your marital status, children, and any children from previous relationships. Clarify your goals, such as protecting a spouse or cohabiting partner, providing specific gifts, or supporting a charity.

Choose trusted people for key roles. Consider whether you want to appoint an executor, known as testamentsfullstreckare, to administer your estate. Think about guardians for minor children and whether any beneficiaries need protections or conditions.

Book a consultation with a lawyer who handles wills and inheritance in the Borgholm and Kalmar region. Bring your asset list, family information, and any prior documents such as prenuptial agreements or older wills. Ask about forced share implications, spouse or partner protections, and cross-border issues if you have international ties.

Sign your will with two qualified witnesses. Arrange safe storage of the original. Many people keep it with their lawyer or in a secure home safe, and tell their executor or closest family where to find it. Keep a copy and a simple letter of wishes if helpful.

Coordinate your will with related documents. If appropriate, prepare a future power of attorney, called framtidsfullmakt, so someone you trust can handle your affairs if you become unable to do so. Review beneficiary designations on life insurance and pension accounts to make sure they align with your will.

Review your plan after major life events such as marriage, divorce, the birth of a child, buying or selling a home, starting or selling a business, or moving to or from Sweden. Keeping your plan current is the best way to ensure your wishes are followed and your loved ones are protected in Borgholm and beyond.