Estate distribution and children from previous relationships – right to inheritance, secondary inheritance and renunciation

Information verified October 15, 2026.

A "särkullbarn" (child from a previous relationship) is a child of the deceased who is not also a child of the surviving spouse. Unlike joint children, children from previous relationships generally have the right to receive their inheritance immediately.

First division of marital property – then inheritance

The surviving spouse may use Chapter 12, Section 2 of the Swedish Inheritance Code in the division of marital property without the child's right to inheritance automatically ceasing. Read our in-depth article on the 12:2 rule during division of marital property and the difference compared to inheritance rights.

If the deceased was married, a division of marital property is normally performed first. Thereafter, the estate available for distribution is determined. The surviving spouse's protection, including the "base amount rule," must be taken into account before the estate distribution is finalized.

The general rule for children from previous relationships

Children from previous relationships do not need to wait until the surviving spouse passes away. They are entitled to receive their inheritance share after their parent in connection with the settlement of the estate.

Can children from previous relationships waive their inheritance?

Yes. A child from a previous relationship can waive their immediate right to inheritance in favor of the surviving spouse and, instead, gain a right to a secondary inheritance according to the rules of the Swedish Inheritance Code. Such a decision should be clearly documented.

How does a will affect this?

A will can affect the distribution, but forced heirs have a right to their statutory share (laglott). Anyone wishing to assert their right to a statutory share must in certain situations request an adjustment of the will within the legal time limit.

Calculation example: child from a previous relationship and a joint child

Assume that a married person passes away and, after the division of marital property and debt settlement, 600,000 SEK remains as the estate. The deceased has two children: one from a previous relationship and one joint child with the surviving spouse. If there is no will and the surviving spouse's special minimum protection does not affect the distribution, the children's inheritance shares in this simplified example would be 300,000 SEK each. As a general rule, the child from a previous relationship has the right to receive their share immediately. The surviving spouse normally inherits the portion pertaining to the joint child, who instead receives a right to a secondary inheritance.

Important exception: according to Chapter 3, Section 1 of the Swedish Inheritance Code, the surviving spouse is protected by the "four-base-amount rule," to the extent that the estate is sufficient. Furthermore, wills, division of property, waivers, and other circumstances may alter the outcome. The example is therefore not a final calculation for an individual estate.

If the child waives their inheritance – what happens to the secondary inheritance?

If a child from a previous relationship waives their immediate inheritance, either fully or in part, in favor of the surviving spouse pursuant to Chapter 3, Section 9, the child gains a corresponding right to a secondary inheritance upon the death of the surviving spouse. A secondary inheritance is normally tied to a calculated share and does not automatically mean that a specific monetary amount is set aside in an account. Read about the difference between waiving an inheritance and renouncing an inheritance before drafting the document, or see our template for a waiver.

Wills and statutory shares – two different six-month deadlines

A forced heir who wishes to receive their statutory share despite a will must normally demand an adjustment within six months of being served, according to Chapter 7, Section 3 of the Swedish Inheritance Code. Anyone claiming that the will is invalid must instead generally file a challenge within six months, according to Chapter 14, Section 5. These are different measures: general dissatisfaction with the distribution does not replace the correct action taken within the correct timeframe. See the special guide on wills involving children from previous relationships.

The estate distribution document

If the estate includes both a surviving spouse and a child from a previous relationship, our template package for estate distribution with children from previous relationships, secondary inheritance, and distribution bases can help document calculations, decisions, and signatures. The documents themselves do not determine who has the right to inherit or how a potential waiver should be assessed.

Once the estate is settled and debts have been paid or secured, the estate beneficiaries must document the distribution in writing. All beneficiaries participating in the distribution must sign.

Also read what an estate distribution document should contain and our guide to wills.

Sources

• The Swedish Courts – General inheritance rules
• The Inheritance Code