Wills

A will is the last will and testament of a deceased person and contains information for the survivors on how the estate should be distributed. The person who makes a will is called the testator. If the deceased has not made a will, the inheritance is distributed according to the rules of the Inheritance Code.

You can read more about how an inheritance is distributed in the absence of a will HERE.  

Formal requirements

For a will to be valid, it must be in writing and personally signed by the testator. The will must also be witnessed by two people present at the same time. The witnesses must sign the will and confirm by their signatures that the document is a will and that the testator has signed it. The witnesses must not be related to the testator or be covered by the will in any other way. The witnesses must be at least 15 years old and fully understand the meaning of the witness statement. The testator does not have to show the contents of the will to the witnesses. A will is invalid if the testator was underage or made it under the influence of a mental disorder.

A will does not need to be registered, but it is important to keep it in a good and safe place. It is important to ensure that the survivors can find the will upon the testator’s death, which is why it can be stored in a safe deposit box.

Changing an existing will

If you want to make changes to your will, you must create a new will. If the will is to be revoked entirely, the easiest and safest way to do this is to destroy the original will and all copies.

Klandertalan av ett testamente

If an heir wants a will to be declared invalid, they can lodge an appeal. An action for annulment must be brought within six months of the heir receiving the will. Grounds for annulment can include:

• The testator was subjected to undue influence when drawing up the will.
• The testator was affected by a temporary or permanent mental disorder.
•  Non-compliance with formal requirements.

We can assist you

At Advantage law firm, we have extensive experience in drafting, reviewing, and contesting wills. Contact us, and we will assist you with all matters concerning wills.