Can I leave everything I own in my will in Sweden?
No — you cannot will away everything if you have children. Under the Inheritance Code, direct heirs always have a right to their reserved share, which is half the inheritance share, and it cannot be willed away. A will must be written, signed and witnessed by two people present at the same time — and the witnesses may not be beneficiaries. The trap: the reserved share is not automatic, so the heir must contest the will within 6 months of being served. If you are married your spouse inherits first, but stepchildren can claim their share immediately. The base-amount rule guarantees a surviving spouse at least four price base amounts (236,800 kr in 2026). There is no inheritance tax in Sweden.
📋 The rules
- Direct heirs' reserved share = half the inheritance, cannot be willed away
- Will: written, signed, two witnesses present together
- Spouse inherits first, but stepchildren can claim immediately
- Base-amount rule: spouse guaranteed 4 price base amounts = 236,800 kr
- No inheritance tax in Sweden
🔓 Exceptions
- Stepchildren can take their share immediately on death
- The base-amount rule overrides the reserved share in small estates
- An emergency will (oral/handwritten) is valid but lapses if you live 3 months
⚠️ Penalties & fines
There is no penalty — an invalid will is simply without civil effect, and the person who wrote it is dead. The cost is borne by the heirs instead, and the decisive deadline is the contest: to obtain the reserved share a direct heir must contest the will within 6 months of being served, or the right is lost. The reserved share does not arrive automatically just because the law grants it. A will without two simultaneous witnesses, or where a witness is a beneficiary, can be challenged the same way.
📎 Official sources
- Inheritance Code (1958:637) · Riksdagen →
- Tax Agency · Who inherits →
- Government · Death and inheritance →
❓ Frequently asked
Can I disinherit my children?
No. Direct heirs always have a right to their reserved share, which is half of what they would otherwise have inherited, and it cannot be willed away. The other half you may distribute exactly as you wish.
How do I write a valid will?
It must be written, signed by you and witnessed by two people present at the same time. The witnesses may not be beneficiaries, and if a formal requirement fails the will can be left without effect.
Does my spouse inherit before the children?
If you are married the spouse inherits first, and your joint children receive their inheritance only later. Stepchildren — children who are yours alone — can instead claim their share immediately on death.
Is there inheritance tax in Sweden?
No. Inheritance and gift tax were abolished in 2004/2005, so the inheritance itself is not taxed, however large it is. The estate therefore pays no tax on it — but the reserved share and the base-amount rule still govern how it must be divided.
What is the base-amount rule?
It guarantees a surviving spouse at least four price base amounts from the estate, 236,800 kr in 2026. In small estates the rule overrides the reserved share, so the children's reserved share can then shrink or disappear entirely.
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