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Will

For a will to be legally valid in Sweden, it must meet specific formal requirements according to the Swedish Inheritance Code. Failure to comply with these requirements may result in the will being declared invalid.

Here are the key formal requirements:

Writing: The will must be a physical document. It can be handwritten or typed, but digital wills are not valid.

Signature: You, the person making the will (testator), must sign the document with your own handwritten signature.

Witnessing:

Two witnesses: Two people must be present at the same time when you sign or acknowledge your signature.

Simultaneity: The witnesses must see you sign or hear you confirm that it is your signature.

Witness signature: Both witnesses must sign the document with their names. They should also state their occupation, address, and date of witnessing to facilitate future identification.

Witness (Who may not be a witness?):

Persons under 15 years of age or who suffer from a mental disorder that prevents them from understanding the meaning of the witnessing.

Spouse, husband, cohabitant or person in the right ascending or descending line of kinship (e.g. children, parents, siblings).

Persons who themselves are mentioned as beneficiaries in the document.

Important additions

Dating: Although it is not an absolute formal requirement for validity under law, it is strongly recommended to date the will to show which document is the most recently drawn up.

Emergency will: In case of acute danger (e.g. illness or accident), an emergency will can be drawn up orally in front of two witnesses or by means of a signed document without witnesses. However, this is only valid for three months after the emergency situation has ended

Will challenge

If an heir wants a will to be made invalid, the heir can bring a so-called challenge action. The action for challenge of will must be brought within six months of the heir receiving the will. The action for challenge of will is brought in court.

Common reasons for challenging a will

You can, for example, challenge if:

Formal error – the will is not correctly witnessed (2 witnesses are required at the same time).

The testator lacked decision-making capacity – e.g. severe dementia or mental illness when writing.

Coercion / influence – someone has pressured the person to write the will. 

Forgery – signature or content is manipulated.

The legal share is violated – children (brotherly heirs) always have the right to their legal share.

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