In the absence of a will, who inherits and how much?
Last update: 10/3/2012
- If the deceased leaves a spouse and children born of the same parents, the surviving spouse receives all the estate as heir of an encumbered estate, while children born of the same parents are considered subsequent heirs.
- If the deceased leaves a spouse and (also) children who are not born of the marriage with the surviving spouse, the surviving spouse becomes only the heir of an encumbered estate in terms of the share of the inheritance of the children born of the same parents, while the other children receive their share of the estate unconditionally. The surviving spouse receives at least the basic amount multiplied by 4, in accordance with the law on general insurance (in this case, the amount payable to the spouse after the settlement of the matrimonial property regime has to be added to what is due to the spouse as heir). The basic amount (prisbasbeloppet) for 2010 amounts to 42,400 SEK; thus, the surviving spouse is entitled to at least 169,600 SEK.
- If the deceased was unmarried and leaves children, the children inherit everything equally. The portion of an already deceased child is vested in the said child’s descendants per stirpes (representation).
- If the deceased leaves a spouse, the spouse becomes the heir of an encumbered estate and the parents of the deceased (or the descendants of the parents) become the subsequent heirs (in their absence, the grandparents and their descendants).
Do partners of a registered or unregistered partnership inherit?
Yes, same-sex partners of a registered partnership have the same title to inheritance as married partners. On the other hand, the financial protection of the surviving partner of a non-registered partnership is limited to the home that he/she shared with the deceased and jointly owned furniture.
Detailed information
In the absence of a will, the following principles apply:
If the deceased is single, without issue, the estate is divided equally between his/her parents (2:2 ÄB).
If the deceased, without a spouse, leaves children, the estate is divided equally between them.
If the deceased is survived by a spouse, but no descendants, parents or other heirs of the second order (descendants of the parents), the surviving spouse inherits the entire estate. He/she may freely dispose of his/her inheritance while living or as a result of death (3:1 ÄB).
If the deceased is survived by a spouse from a first marriage and children, the surviving spouse receives the entire estate as an encumbered heir. The joint children are the subsequent heirs (efterarvingar) (3:1 ÄB).
If the deceased is survived by a spouse from a second marriage and children, the children from the first marriage then compete with the spouse from the second marriage. However, the children may demand the settlement of the matrimonial regime (bodelning) and the settlement of the inheritance (arvskifte) (3:9 ÄB).
What are the inheritance rights of partners in a registered or unregistered partnership?
Sweden introduced marriage between homosexuals on 1 May 2009. These spouses have the same entitlement to inheritance as heterosexual spouses. Since this date, (homosexual) partnerships, which were previously admissible (see Act No. 1994:1117), can no longer be registered. The rules according to which the registered partners have the entitlement to inheritance as married couples continue to apply to pre-existing partnerships.
The surviving partner of an unregistered partnership is, to a lesser extent, assured financially, in particular through a right to the shared accommodation and to the shared furniture.
