Renunciation of inheritance and waiver of inheritance – what is the difference?
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Arvsavstående (renunciation of inheritance) and arvsavsägelse (waiver of inheritance) are sometimes used as if they meant the same thing, but they describe different situations. A waiver of inheritance (arvsavsägelse) occurs while the testator is still alive and is explicitly regulated in Chapter 17, Section 2 of the Swedish Inheritance Code. A renunciation of inheritance (arvsavstående) is used after the death has occurred, when the heir waives an inheritance that has already vested.
Quick Overview
- A waiver of inheritance (arvsavsägelse) is made before the death of the testator and must be documented in writing with the testator.
- A renunciation of inheritance (arvsavstående) is relevant after the death has occurred.
- Children from a previous relationship (särkullbarn) can, according to a special rule, waive their inheritance in favor of a surviving spouse and obtain a right to secondary inheritance (efterarv).
- The compulsory portion (laglott) of direct descendants requires special caution.
- The wording of the document affects who steps into the heir's place.
| Timing | Waiver (arvsavsägelse): before death. Renunciation (arvsavstående): after death. |
| Form | According to Chapter 17, Section 2, a waiver must be made in writing to the testator. |
| Children from previous relationships | Can waive in favor of a surviving spouse according to Chapter 3, Section 9, and thereby become a secondary heir. |
| Compulsory portion | A direct descendant has special protection regarding their compulsory portion (laglott). |
| Estate inventory | Renunciations after death should be documented and handled consistently in the estate's records. |
Waiver of inheritance (arvsavsägelse) – before the inheritance has vested
An heir may, in writing to the testator, waive their future right to an inheritance. For direct descendants, there is special protection for the compulsory portion (laglott). A direct descendant cannot simply waive their compulsory portion; the law sets specific conditions for the waiver to also include the protected portion.
Renunciation of inheritance (arvsavstående) – after the death
When an inheritance has already vested, an heir may renounce their right. In this case, it is important that the document clearly states whether the renunciation is complete and who, according to the order of inheritance or a specific rule, steps in. An incorrect or conditional setup may have different civil and tax consequences than intended.
The special opportunity for children from previous relationships
A child from a previous relationship (särkullbarn) normally has the right to receive their inheritance immediately when their biological parent passes away. According to Chapter 3, Section 9 of the Inheritance Code, the child can waive their right in favor of the surviving spouse and will then instead receive a right to secondary inheritance, similar to common children.
Document before the estate distributes the inheritance
If a renunciation of inheritance is to have the intended effect, it should be documented before the heir acts as the owner of the inheritance. Therefore, coordinate the document with the estate inventory, any existing will, and the future distribution of the estate.
Common mistakes to avoid
- Using the terms renunciation (arvsavstående) and waiver (arvsavsägelse) as synonyms.
- Allowing a child from a previous relationship to renounce without clearly stating the benefit for the surviving spouse.
- Overlooking the compulsory portion (laglott).
- Making dispositions of the inheritance before the renunciation has been documented.
- Failing to coordinate the document with the estate inventory and the distribution of the estate.
Frequently asked questions
Can one waive an inheritance before someone has died?
Yes. This is a waiver of inheritance (arvsavsägelse) and is regulated in Chapter 17, Section 2 of the Inheritance Code.
Can a child from a previous relationship wait to claim their inheritance?
Yes. The child can renounce in favor of the surviving spouse and then receives a right to secondary inheritance according to Chapter 3, Section 9.
Can a direct descendant waive their compulsory portion (laglott)?
There are specific limitations. A complete waiver of the compulsory portion requires that the specific requirements of the law are met.
Does a renunciation of inheritance need to be in writing?
For the sake of clarity and evidence, a renunciation should be documented in writing and adapted to the specific situation.
Is a renunciation of inheritance the same as giving away an received inheritance?
No. If the heir first receives or disposes of the inheritance and then transfers property, the legal consequences may differ.
Template for renunciation and waiver of inheritance
The template package contains separate setups for renunciation, waiver, and situations involving children from previous relationships, as well as guidance for estate inventories.
Read also
Sources and further reading
Last updated: October 5, 2026. This article provides general information and does not replace individual legal, tax, or pension-related advice.
