Best Will & Testament Lawyers in Borgholm

About Will & Testament Law in Borgholm, Sweden

In Sweden, wills and inheritance are governed by national legislation, primarily the Swedish Inheritance Code, known in Swedish as Ärvdabalken. This means the rules are the same across the country. If you live in Borgholm or own property there, your will is created and interpreted under Swedish law unless an international rule points to a different law. Local institutions in and around Borgholm play a role in practical matters. The estate inventory is registered with the Swedish Tax Agency, disputes are heard by Kalmar District Court, and municipal services can assist when minors or vulnerable individuals are involved.

A will, called a testamente, lets you decide who receives your property after your death, within the limits of the law. It must be written and signed in the presence of two witnesses. While Sweden does not require a notary, strict formalities apply. Children have a protected forced share, and there are special rules for spouses, cohabitants, and blended families. Planning ahead helps your heirs avoid uncertainty and ensures your wishes are followed.

Why You May Need a Lawyer

You want to provide for a spouse or partner while still respecting the forced share of children. A lawyer can structure clauses that balance these interests and avoid disputes.

You have children from a previous relationship, known as särkullbarn. These children can take their inheritance immediately, which can complicate finances for a surviving spouse. Tailored drafting helps.

You own a house or holiday cottage on Öland or other significant assets such as a business, farm, or shares. Real estate and business succession often require precise planning.

You live abroad part time, are a foreign citizen, or own assets in multiple countries. Cross-border rules under the EU Succession Regulation can be complex and benefit from legal advice.

You want to set conditions, create a separate property clause for beneficiaries, or appoint an executor. Clear wording is essential for enforceability.

You wish to benefit a charity or a non-profit, or you have no close heirs. A lawyer can help ensure the bequest is effective and aligns with Swedish law.

You suspect there could be challenges about capacity, undue influence, or witness issues. Proper execution guidance and documentation can reduce the risk of later disputes.

You need help with estate administration after a death, including the estate inventory, distributions, or a will contest at Kalmar District Court.

Local Laws Overview

Formal requirements for a valid will. The will must be in writing. The testator must sign before two witnesses present at the same time, or acknowledge the signature as their own in the witnesses presence. The witnesses must sign as witnesses and know that the document is a will, though they do not need to know the contents. A notary is not required.

Witness eligibility. Witnesses must be at least 15 and have mental capacity. They cannot be beneficiaries, close relatives of beneficiaries, the testators spouse or cohabitant, or close relatives of the testator. Using ineligible witnesses can invalidate the will.

Age and capacity. You must be 18 or older and have mental capacity to make a will. If capacity could be questioned, it is prudent to obtain a medical certificate on the day you sign.

Emergency will. In rare emergencies, a temporary emergency will is permitted without formal witnesses. It is valid only for a short period and should be replaced with a formal will as soon as possible.

Forced share for descendants. Children have a protected forced share, known as laglott. It equals half of the inheritance they would have received under intestacy. A child must claim the forced share within the legal time limit after being informed of the will.

Spouses, cohabitants, and blended families. A surviving spouse generally inherits before common children, who then receive a deferred portion after the spouses death. Children from prior relationships can claim their share immediately. Cohabitants have no automatic inheritance rights without a will, though they may request division of jointly acquired home and household goods under cohabitation rules.

Executors and administrators. You may appoint a testamentary executor to manage the estate according to your will. Otherwise, the estate is managed collectively by the heirs until distribution.

Estate inventory and probate steps. An estate inventory, bouppteckning, must be prepared within 3 months of death and submitted for registration to the Swedish Tax Agency within 1 month after the inventory meeting. Extensions can be requested. Financial institutions and many authorities require the registered inventory to release information and assets.

Contesting a will. A formal challenge, klander, must be filed with the district court within 6 months after an heir is served with the will. Grounds include formal defects, undue influence, or lack of capacity.

International aspects. Under the EU Succession Regulation, the law of the deceaseds habitual residence typically applies to the whole estate. You can choose the law of your nationality in your will if that better suits your situation. Seek advice if you have foreign citizenship or assets abroad.

Taxes and costs. Sweden has no inheritance or gift tax. The estate may still face income tax on capital gains realized by the estate, property tax, and stamp duty on real estate transfers. Fees apply for legal services, valuations, and funeral arrangements.

Unclaimed estates. If there are no heirs and no valid will, the estate passes to the Swedish Inheritance Fund, Allmänna arvsfonden.

Frequently Asked Questions

What makes a will valid in Sweden?

The will must be in writing and signed by you in the simultaneous presence of two witnesses, or you must acknowledge your signature in their presence. The witnesses must sign as witnesses, be eligible, and know they are witnessing a will. Date and place are strongly recommended to avoid doubt.

Do I need a notary or lawyer to make a will?

No notary is required in Sweden. You can write your own will, but many people use a lawyer to ensure the wording is clear, the witnesses are eligible, the laglott is respected, and the document fits their family and asset structure.

Who can be a witness and who cannot?

Witnesses must be at least 15 and mentally competent. They cannot be a beneficiary under the will, the beneficiarys spouse or cohabitant, the testators spouse or cohabitant, or a close relative in direct line or a sibling. Choosing independent witnesses helps avoid challenges.

Can I handwrite my will or use an online template?

Handwritten wills are allowed if the formal witnessing rules are followed. Online templates can be a starting point, but they often need tailoring to Swedish rules. The safest approach is a typed, clearly worded document reviewed by a lawyer, then signed with proper witnesses.

How does the forced share for children work?

Each child has the right to claim a forced share equal to half of the childs intestate portion. If a will limits a childs share below this level, the child can demand supplementation within the statutory deadline after being notified of the will.

What are the rules for spouses, cohabitants, and stepchildren?

A surviving spouse usually receives the estate before common children, with those children receiving a deferred share after the spouses death. Children from prior relationships can take their inheritance immediately. Cohabitants do not inherit without a will, though they can request a division of the shared home and household goods. Stepchildren are not heirs unless named in a will.

How do I change or revoke my will?

You can revoke a will by destroying the original with intent to revoke, by making a new will that states the previous one is revoked, or by making a later will that conflicts with earlier provisions. Keep only the current original and inform your executor or trusted person where it is stored.

What if I have property abroad or I am not a Swedish citizen?

Cross-border estates are governed by the EU Succession Regulation. Usually the law of your habitual residence applies. You can choose the law of your nationality in your will. Some countries have immovable property rules or forced heirship that differ from Sweden. Get cross-border advice to avoid conflicts and double administration.

Where should I store my will and how will it be found?

Keep the original in a safe but accessible place, such as a law firm, bank safe deposit, or a dedicated testament register service. Tell your executor or a trusted person where it is. Sweden has no official state registry for wills, so clear communication is important.

Are there inheritance taxes or other costs?

There is no inheritance or gift tax in Sweden. Costs may include legal fees, valuation fees, funeral expenses, property transfer fees, stamp duty on real estate, and possible income tax on gains realized by the estate.

Additional Resources

Swedish Tax Agency, Skatteverket. Registers estate inventories and provides forms and guidance on bouppteckning and estate administration.

Kalmar District Court, Kalmar tingsrätt. Handles will contests and other inheritance disputes for matters arising in Borgholm and surrounding areas.

Swedish National Courts Administration, Sveriges Domstolar. General information on court processes, applications, and procedural guidance.

Swedish Inheritance Fund, Allmänna arvsfonden, administered by Kammarkollegiet. Receives estates without heirs or wills.

Municipal Guardianship Authority, Överförmyndarenheten in Borgholm or the regional joint board. Oversees guardians and trustees when heirs are minors or under guardianship.

Swedish Bar Association, Advokatsamfundet. Lawyer directory to find qualified counsel experienced in wills and estates.

Funeral and estate services associations such as Sveriges Begravningsbyråers Förbund. Practical guidance on estate inventory meetings and optional testament register services.

Next Steps

Clarify your goals. Decide who should inherit, who should manage the estate, whether you want to protect beneficiaries with separate property clauses, and how to provide for a spouse or partner while respecting childrens forced shares.

List your assets and family details. Include real estate in Borgholm or elsewhere, bank accounts, investments, business interests, insurance and pensions, and note any children from prior relationships.

Seek legal advice. Consult a lawyer experienced in Swedish wills and cross-border estates if relevant. Ask about fixed fees for drafting and witness supervision.

Prepare a draft and execute correctly. Use clear language, include dates, and arrange for two eligible witnesses to sign at the same time as you. Consider a medical certificate if capacity might later be questioned.

Appoint key roles. Consider naming a testamentary executor and alternates. Specify guardians and trustees for minor beneficiaries when appropriate.

Store the original safely. Keep the signed original in a secure location and tell your executor or a trusted person how to access it. Consider professional storage or a testament register service.

Review regularly. Revisit your will after life events such as marriage, separation, the birth of a child, a property purchase, or moving abroad. Update as needed and revoke outdated versions.

Coordinate with lifetime planning. Align your will with beneficiary designations on insurance and pensions, powers of attorney, and any cohabitation or marital property agreements.

If a death has occurred, start the estate inventory. Contact a lawyer or experienced estate service to organize the bouppteckning within the statutory time frame and to handle notifications, valuations, and filings with the Swedish Tax Agency.

If you anticipate a dispute, act early. Gather documents, avoid using potentially ineligible witnesses, and seek timely advice about deadlines such as the 6 month period for contesting a will after service.