Service of a will – when and how does it take place?
Service of a will is not the same as submitting the will along with the estate inventory. Service is the formal act that makes the will known to the heirs and initiates important six-month time limits.
Do you have to wait until the estate inventory is complete?
No. The Inheritance Code does not contain any rule stating that service of a will must wait until the estate inventory has been prepared or registered. The estate inventory and service serve different functions.
If the deceased has left a will, a certified copy should normally be attached to the estate inventory when it is submitted to the Swedish Tax Agency. However, this is not the same legal act as service under Chapter 14 of the Inheritance Code.
How is service performed?
The general rule is that a certified copy of the will is delivered to the heir. If the will is oral in a valid emergency, service is instead performed by providing a certified copy of the minutes of the questioning of the witnesses to the will or a written statement of the will's content.
In practice, the estate should be able to demonstrate what was served, who received it, and when the service took place. The date can be of great significance because several time limits begin to run from that point.
Which six-month time limits begin to run?
Contesting a will
An heir who wishes to claim that the will is invalid must, according to Chapter 14, Section 5, file an action to contest the will within six months of service. An action to contest may concern, for example, formal errors, undue influence, or other grounds for invalidity in Chapter 13.
Adjustment for statutory share
A forced heir whose statutory share is limited by the will must, according to Chapter 7, Section 3, request an adjustment within six months of service. It is important to distinguish this from contesting: a will may be valid but still require adjustment for the forced heir to receive their statutory share.
Who must be served?
The rule on service applies to heirs. Which individuals are heirs depends on the legal order of succession and the family situation. If there are several heirs, the process must therefore be planned so that the service to each relevant heir can be documented.
What does it mean to approve the will?
An heir can approve the will. When a valid approval exists, the law does not require service upon that specific heir. Approval should not be confused with simply signing a receipt for a copy. Anyone unsure of the consequences should not sign a document the meaning of which is unclear.
Common mistakes
- Assuming that the Swedish Tax Agency's registration of the estate inventory automatically means that all heirs have been served.
- Sending an uncertified copy and still assuming the six-month time limit is secure.
- Confusing the time limit for contesting with the time limit for adjustment of a statutory share.
- Lacking documentation regarding the recipient and the date of service.
- Describing service as something that must always take place only after the estate inventory.
What happens after service?
If no action to contest is filed within six months, the will cannot thereafter be challenged through a contest in the manner specified in Chapter 14, Section 5. A forced heir who does not request an adjustment for their statutory share within their six-month time limit similarly loses their right to claim the statutory share through an adjustment of the will.
For formal requirements and grounds for invalidity, read When is a will valid? and When can a will be invalid?.
Mallbutiken's Will Template – Word/PDF costs 49 SEK. Adapt the content to your family situation and always follow the formal requirements regarding signatures and witnessing.
Checklist: document service of a Swedish will
- Identify the heirs who must receive notice, taking into account any written approvals already given.
- Prepare a certified copy of the will for service under Chapter 14, Section 4 of the Swedish Inheritance Code.
- Document which heir received the copy and when; keep evidence of delivery or a properly documented acceptance.
- Check the distinct six-month periods for contesting the will and seeking adjustment to protect a direct descendant's statutory share (laglott). These are separate legal steps; the correct facts and recipient matter.
Do not confuse serving the will with registering an estate inventory (bouppteckning). Read the formal requirements for making a will and the guide to statutory shares and children from previous relationships.
For complex cases, disputes or uncertain dates, seek individual legal advice promptly. Official reference: Swedish Inheritance Code, Chapters 7 and 14.
Sources
Templates in this article
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