Yes, disinheriting a child is legally permissible in Sweden, but it is tightly constrained by the Ärvdabalk (Inheritance Code) and subject to mandatory inheritance rights. Swedish law prioritizes the laglott (statutory share), ensuring children inherit at least half of their parent’s estate unless valid grounds for exclusion exist. Courts scrutinize disinheritance claims rigorously, often requiring evidence of severe misconduct, such as abuse or criminal acts against the parent. The Skatteverket (Swedish Tax Agency) enforces compliance, and recent 2026 amendments to the Ärvdabalk have tightened judicial oversight to prevent arbitrary exclusions.
Key Regulations for Disinheriting a Child in Sweden
- Mandatory Statutory Share (laglott): Children are entitled to laglott—50% of their parent’s estate—regardless of the will’s contents. Disinheriting a child without cause is void, and courts may override the will to enforce this share.
- Valid Grounds for Exclusion: Swedish courts recognize only extreme cases, such as proven parental abuse, abandonment, or criminal acts by the child against the parent. Documentation (e.g., court rulings, police reports) is mandatory.
- Judicial Review and Appeals: The Tingsrätt (District Court) must approve disinheritance clauses. The child may contest the decision within 6 months, triggering a review by the Hovrätt (Court of Appeal) under the 2026 procedural amendments.