Can You Disinherit a Child in Sweden? Laglott and Forced Heirship Explained

No, you cannot fully disinherit a child in Sweden. Swedish inheritance law guarantees every biological and adopted child a protected minimum share called the laglott — and no will can override it.

This is one of the most misunderstood aspects of Swedish estate law, especially for expats from common-law countries like the US, UK, or Australia where testamentary freedom is essentially unlimited.

What Is the Laglott?

The laglott (literally "lawful share") is 50% of what a child would receive under normal intestacy rules. It exists to protect direct descendants (bröstarvingar) from being entirely cut out by a will.

Here is a practical example: A parent with two children dies with an estate worth 2,000,000 SEK. Under intestacy (no will), each child would receive 1,000,000 SEK. The laglott for each child is 500,000 SEK — half of their intestacy share.

A will can direct the other 50% to anyone — a spouse, a partner, a charity, a friend. But each child is always entitled to claim their laglott.

The Critical 6-Month Deadline

Here is the part that catches families off guard: the laglott is not automatic. A child who has been excluded or shortchanged by a will must actively claim it.

After a will is presented to the heirs, each affected child has exactly 6 months to file a formal demand for adjustment (jämkning) with the estate. If they miss this deadline, the will becomes fully enforceable and their right to the laglott is permanently lost.

This 6-month clock starts when the child receives an attested copy of the will — not from the date of death. But in practice, the will is typically presented during or shortly after the bouppteckning (estate inventory) process, so the deadlines often overlap.

What About Stepchildren?

Stepchildren (särkullbarn — children from a prior relationship) have the same laglott rights as any other child. But they also have a unique right that other children do not: they can demand their full inheritance share immediately, rather than waiting for the surviving spouse to die.

When a married person dies, the surviving spouse normally inherits everything with "free disposal" (fri förfoganderätt), and the children wait until the second spouse dies. But särkullbarn are not obligated to wait. They can — and frequently do — demand their share immediately, which can force the sale of the family home or other assets.

A särkullbarn can choose to waive this right and wait, but the decision is theirs alone.

Can the EU Succession Regulation Help?

Expats sometimes ask whether they can use the EU Succession Regulation (No. 650/2012) to apply the inheritance law of their home country instead of Swedish law. In theory, a person can choose the law of their nationality to govern their succession.

But this comes with significant caveats. Even if you validly choose English or American law (which allows full testamentary freedom), Swedish courts may still apply Swedish forced heirship rules as a matter of public policy. The interaction between EU succession rules and Swedish laglott is legally complex and untested in many scenarios.

If you are considering this route, get formal advice from a Swedish estate lawyer who specializes in cross-border succession.

Practical Takeaways for Parents and Heirs

For parents: You can direct up to 50% of your estate freely, but you cannot eliminate your children's laglott. If you want to leave more to a spouse or partner, combine a will with life insurance (which bypasses the estate).

For children excluded by a will: You must act within 6 months. The claim is a formal legal procedure — consult a Swedish family lawyer (familjejurist) promptly after receiving the will.

For foreign heirs: If you are not in Sweden, the 6-month deadline still applies. Distance does not extend it. Make sure you have a contact in Sweden who can receive and forward legal documents.

The Sweden Expat Death Guide includes detailed flowcharts for inheritance paths, laglott calculations, and step-by-step instructions for both claiming and responding to forced heirship demands.

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