When can a will be invalid? Formal errors, undue influence, and contestation
A will may be wholly or partially ineffective if the formal requirements of the law have not been met, or if the testator's intent has been influenced in a way not accepted by the Inheritance Code. However, not all problems with a will are issues of invalidity – statutory shares, interpretation, and revocation must be kept distinct.
1. The formal requirements have not been met
Chapter 13, Section 1 of the Inheritance Code links invalidity to, among other things, shortcomings in the formal requirements set out in Chapter 10. An ordinary will must be in writing, the testator must sign or acknowledge their signature before two witnesses present at the same time, and the witnesses must sign the document.
If, for example, the witnesses were not present simultaneously, this can be more than just an administrative slip – it can affect the validity of the will.
2. A witness is disqualified
Chapter 10, Section 4 prohibits certain persons from serving as witnesses to a will. This includes, among others, the testator’s spouse or cohabitant, siblings, and relatives in the direct ascending or descending line. Anyone under the age of 15 or lacking sufficient understanding due to a mental disorder may not act as a witness either.
If the will grants a benefit to the witness themselves or to certain persons close to the witness, there are special rules stating that the relevant testamentary disposition is ineffective. Therefore, it is incorrect to always describe every instance of witness disqualification as automatically invalidating the entire will.
3. The will was drawn up under the influence of a mental disorder
According to Chapter 13, Section 2, a will is not valid if it was drawn up under the influence of a mental disorder. The assessment concerns the circumstances at the time the will was created and the connection between the disorder and the will.
This is more precise than using vague expressions such as the testator having to be "completely healthy" or "of sound mind."
4. Coercion, fraud, or improper exploitation
Chapter 13, Section 3 covers situations where someone has forced the testator to create the will or induced the person to do so by exploiting their lack of judgment, weakness of will, or position of dependency. Fraud and certain mistakes that were decisive for the testator's intent can also result in the provision being invalid.
5. Ambiguity is not automatically the same as invalidity
A contradictory or poorly drafted will can create significant interpretative problems without being formally invalid. The court may need to interpret the provision to determine the testator's intent. Therefore, one should distinguish between invalidity and interpretation.
6. Infringement of a statutory share does not automatically make the will invalid
If a will restricts a forced heir’s statutory share, the normal legal consequence is not that the will automatically becomes invalid. The forced heir must request an adjustment (jämkning) according to Chapter 7, Section 3 to receive their statutory share.
7. Marriage or a later child does not automatically make the will invalid
A common misconception is that a will ceases to be valid simply because the testator marries or has children after the document was written. There is no such general rule. However, family changes can significantly alter the practical effect of the will, for example through new heirs, claims for statutory shares, and spousal protection. The will should therefore be reviewed after major changes.
8. A new will does not always automatically revoke all old ones
The testator can revoke a will according to Chapter 10, Section 5. But if a later document only changes certain parts and does not clearly revoke the older one, the documents may need to be interpreted together. It is therefore wise to explicitly state which previous wills or provisions are being revoked.
9. A missing original is an evidentiary issue – not a simple automatic rule
It is very important that the original document is stored safely. However, it is too categorical to say that every copy is always "invalid" if the original cannot be found. Questions regarding a missing document can become complicated issues of evidence and revocation. The secure practical solution is to preserve the original and ensure that trusted individuals know where it is located.
How is a will challenged?
An heir who wants to assert that a will is invalid must, according to Chapter 14, Section 5, file a challenge within six months after the will has been served to the heir. Passivity after proper service can therefore have decisive legal consequences.
Read more in the guide on service of process.
Checklist to reduce risk
- Follow the formal requirements exactly and use two qualified witnesses present at the same time.
- Avoid witnesses or those close to witnesses who benefit from the provision.
- Clearly write who is to receive what and what happens if the recipient dies first.
- Document dates and use a clear revocation if a new will replaces an old one.
- Do not make any unwitnessed additions after the fact.
- Store the original securely.
- Review the will after major family or financial changes.
For the basic requirements, see When does a will become valid?.
Mallbutiken's Will Template – Word/PDF costs 49 SEK. A template is a starting point; validity also depends on adaptation, the circumstances, and that the law's formal requirements are actually followed.
Source
Templates in this article
Explore the topic
Wills – guides, rules & document templatesService of a will – when and how does it take place?
How the notification of a will works: certified copy, the difference compared to an estate inventory, six months for contesting and claiming a lega...
Wills – guides, rules & document templatesWhen does a will become valid? Formal requirements step by step
When is a will valid? Check for written form, signature, two simultaneously present witnesses, witness disqualification, emergency wills, and groun...
