Will with children from previous relationships – statutory share, surviving spouse, and secondary inheritance
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When there are children from previous relationships (särkullbarn), the order of inheritance changes in a decisive way. Children of the current marriage normally have to wait for their inheritance until the surviving spouse passes away, while children from previous relationships are, as a starting point, entitled to receive their share of the inheritance immediately. A will can improve the position of the surviving spouse but cannot freely set aside the statutory share (laglott).
Quick Overview
- Children from previous relationships are normally entitled to receive their inheritance immediately upon the death of their biological parent.
- The forced heirship share (laglott) is half of the statutory inheritance share.
- Children from previous relationships can voluntarily renounce their inheritance in favor of the surviving spouse and then receive a right to a secondary inheritance.
- The surviving spouse has a minimum protection up to four price base amounts, as far as the estate allows.
- Adjustment for the forced heirship share must be requested within six months after proper notification of the will.
| Family situation | Spouses, cohabitants, joint children, and children from previous relationships create different starting points. |
| Forced heirship share | Calculate which portion is protected for each direct descendant. |
| Survivor's protection | Analyze the will, division of property, and the four base amount rule together. |
| Renunciation | Document if children from previous relationships renounce in favor of the surviving spouse according to Chapter 3, Section 9. |
| Notification | Keep distinction between notification, challenging, and adjustment for the forced heirship share. |
The right of the child from a previous relationship when a married parent dies
According to Chapter 3, Section 1 of the Inheritance Code, the surviving spouse normally inherits before joint children. For children from previous relationships, there is an exception: the surviving spouse's right covers the inheritance share of the child from a previous relationship only if the child has renounced it according to Chapter 3, Section 9.
A will cannot remove the forced heirship share
The forced heirship share is half of the inheritance share that the direct descendant is entitled to by law. A will can therefore provide for the disposable part of the estate, but the child from a previous relationship can request an adjustment to receive their forced heirship share.
Six months after notification
If a direct descendant wishes to demand an adjustment for the forced heirship share, the claim must be asserted within six months after the will has been notified in the manner prescribed by law. If the deadline is missed, the right to adjustment is lost.
Children from previous relationships can renounce in favor of the surviving spouse
A child from a previous relationship may choose to renounce their immediate inheritance in favor of the surviving spouse. In that case, the child receives a right to a secondary inheritance instead. This is voluntary and should be documented clearly in the estate's records.
Common mistakes to avoid
- Assuming that children from previous relationships must always wait for their inheritance.
- Writing a will that attempts to limit the forced heirship share without understanding the adjustment rules.
- Forgetting the four base amount rule for the surviving spouse.
- Confusing the challenging of a will with an adjustment for the forced heirship share.
- Failing to plan how a home and other indivisible assets should be handled if a child from a previous relationship requests their inheritance immediately.
Frequently asked questions
Can you disinherit a child from a previous relationship via a will?
Not without the possibility of triggering forced heirship rules. The child from a previous relationship is a direct descendant and has the right to request their forced heirship share.
How large is the forced heirship share?
Half of the inheritance share that the direct descendant would have received by law.
Can a child from a previous relationship let the surviving spouse inherit first?
Yes. The child can voluntarily renounce their right according to Chapter 3, Section 9 and then becomes a secondary heir.
How long does the child from a previous relationship have to request the forced heirship share?
Adjustment must be demanded within six months after proper notification of the will.
Do the same rules apply to cohabitants?
No. Cohabitants do not inherit from each other automatically. Therefore, cohabitants with children, especially children from previous relationships, often need to analyze their will and other financial planning separately.
Will with children from previous relationships 2026/2027
The template package is designed for spouses and cohabitants and contains guidance on the forced heirship share, children from previous relationships, witnessing, and practical choices.
Read also
- Wills in Sweden – formal requirements, forced heirship share, and inheritance rules 2026
- Estate distribution and children from previous relationships – right to inheritance, secondary inheritance, and renunciation
Sources and further reading
Last updated: October 5, 2026. This article is general information and does not replace individual legal, tax, or pension-related advice.
