When does a will become valid? Formal requirements step by step

Facts checked: October 1, 2026 · The Swedish Inheritance Code, Chapters 10 and 13.

A standard will does not become valid simply because the text clearly describes your wishes. The formal requirements in the Inheritance Code must be followed. Here is the practical checklist for written form, signature, two simultaneous witnesses, and the eligibility of the witnesses.

1. The will must be in writing

The main rule in Chapter 10, Section 1 of the Inheritance Code is that a will must be drawn up in writing. There is a special exception for emergency wills, but a standard will should not be based on a verbal agreement.

2. The testator must sign – or confirm their signature

The testator may sign in front of the witnesses. The law also allows the testator to confirm a signature already present on the document in the presence of the witnesses. The crucial factor is that this takes place in the simultaneous presence of the two witnesses.

3. Both witnesses must be present at the same time

It is not sufficient for one witness to sign on Monday and the other on Tuesday without them having been present at the same time when the testator signed or acknowledged their signature. The requirement for simultaneous presence is a central formal requirement.

However, the witnesses do not need to read the will. They must be aware that the document is a will.

4. The witnesses must be eligible

Chapter 10, Section 4 contains several limitations. Among other things, anyone under 15 years of age, or anyone who, due to a mental disorder, lacks an understanding of the significance of witnessing, may not serve as a witness to a will. The testator’s spouse or cohabitant, siblings, and relatives in the direct ascending or descending line are also excluded.

Furthermore, there is a conflict of interest if the will benefits the witness or certain close relatives of the witness. Therefore, the safe practical solution is to use two independent adults who do not, themselves or through close relatives, receive anything under the will.

Are date and location a requirement for validity?

Date and location are very good to include, but they are not the same as the explicit formal requirements in Chapter 10, Section 1. A date can be especially important if there are multiple wills or if questions arise regarding the order in which the documents were drawn up.

Must the will be registered with an authority?

No, its validity under the Inheritance Code's main rule is not dependent on the will being registered with the Swedish Tax Agency (Skatteverket) or any other authority. After death, a certified copy should normally be attached to the estate inventory if a will exists, but that is a different matter from whether the will was correctly drawn up from the start.

Can a will be formally correct but still invalid?

Yes. Even a document that appears to be correctly witnessed can be challenged under Chapter 13 of the Inheritance Code. Examples include the will having been drawn up under the influence of a mental disorder, or that the testator was induced to create the will through coercion, abuse of lack of judgment, weakness of will or dependency, fraud, or a relevant mistake.

This means that a correct witness procedure is necessary but not always sufficient. Read the guide on invalid wills.

Emergency will – a narrow exception

If illness or another emergency prevents the testator from drawing up an ordinary will, an emergency will under Chapter 10, Section 3 may in some cases be made orally before two witnesses or through a personally written and signed document without witnesses.

Checklist before signing

• Is the will in writing and finalized?
• Is the testator's identity clear?
• Are two eligible witnesses present at the same time?
• Does both know that the document is a will?
• Does the testator sign or confirm their signature in front of both?
• Do both witnesses sign the document?
• Are the witnesses free from conflicts of interest under Chapter 10, Section 4?
• Have you avoided later handwritten changes that are not witnessed again?

Changes must also meet the formal requirements

According to Chapter 10, Section 6, the same formal requirements apply to additions to a will. If the content is to be changed, it is therefore often clearer to draw up a new, complete document that explicitly states which previous provisions are revoked.

See also how long a will remains valid and when it should be updated.

Source

Inheritance Code (1958:637), especially Chapter 10, Sections 1, 3, 4, and 6, as well as Chapter 13.