Is a Foreign Will Valid in Sweden? Cross-Border Succession Rules

If you or a family member holds assets in Sweden and has a will drafted in another country, you need to know whether that will is recognized under Swedish law. The answer is: it depends on the will's form, the applicable international treaties, and one major trap involving Anglo-American trusts.

The Swedish Formality Requirements

A will (testamente) valid under Swedish domestic law must be:

• Signed by the testator
• Witnessed by two independent people who were simultaneously present when the testator signed
• The witnesses must also sign the document

Swedish law is strict about the "simultaneous presence" requirement. A will where witnesses signed at different times, or signed without physically seeing the testator sign, does not meet the Swedish standard.

The Hague Convention and Cross-Border Recognition

Sweden is a party to the 1961 Hague Convention on the Conflicts of Laws Relating to the Form of Testamentary Dispositions. Under this convention, a will is considered formally valid in Sweden if it complies with the laws of any of the following:

• The place where the testator made the will
• The testator's nationality at the time of making the will or at death
• The testator's domicile at the time of making the will or at death
• The testator's habitual residence at the time of making the will or at death
• For immovable property (real estate): the location of the property

This means a will drafted under US, UK, Canadian, or Australian law — following those countries' formality rules — is very likely to be recognized in Sweden for its formal validity.

The Trust Problem

Here is where many expat families run into trouble: Swedish law does not recognize Anglo-American trusts as inheritance vehicles.

A trust created under US or UK law — whether a revocable living trust, an irrevocable trust, or a testamentary trust — has no legal standing in the Swedish inheritance system. Swedish courts treat assets held in a trust as belonging to the settlor (the person who created the trust) for inheritance purposes.

This means if you set up a US living trust that includes Swedish assets, those assets will still be subject to Swedish forced heirship rules (laglott) and the standard bouppteckning process. The trust structure will not shield them from Swedish inheritance claims.

If you have both Swedish and non-Swedish assets, the most common solution is to execute separate wills — one for Swedish assets under Swedish law and one for assets in your home country under that country's law. The wills should explicitly reference each other and state which assets each covers to avoid conflicts.

The EU Succession Regulation

Since 2015, the EU Succession Regulation (No. 650/2012) — also called Brussels IV — governs cross-border succession within the EU. Under this regulation:

Default rule: The law of the country where the deceased had their habitual residence at death applies to the entire estate. So if an American expat lived permanently in Sweden, Swedish inheritance law applies to their worldwide estate by default.

Choice of law: The testator can choose the law of their nationality to apply instead. A US citizen living in Sweden can write in their will that American law governs their succession, potentially gaining full testamentary freedom without Swedish forced heirship restrictions.

However, this choice is not a bulletproof escape. Swedish courts can refuse to apply foreign law if the result would violate Swedish public policy. Whether eliminating a child's laglott through a choice-of-law clause violates public policy has not been definitively tested in Swedish courts.

The European Certificate of Succession

If inheritance rights need to be proved in another EU country — for example, to access a bank account in Germany or transfer property in Spain — heirs can apply for a European Certificate of Succession (Europeiskt arvsintyg, Form SKV 4697) through Skatteverket. The fee is 1,890 SEK, and current processing time is approximately 9 weeks.

This certificate is recognized across all EU member states and simplifies cross-border asset transfers significantly.

What to Do If You Hold Assets in Multiple Countries

Get professional advice early. Cross-border succession is one of the few areas where a Swedish estate lawyer (familjejurist) with international experience is genuinely worth the cost. The interaction between Swedish forced heirship, EU succession rules, and your home country's laws creates complexity that general guidance cannot fully address.

Do not assume your home country will wins. Even with the Hague Convention and EU Succession Regulation providing frameworks for recognition, the practical enforcement of foreign wills in Sweden involves Skatteverket processing and potential court challenges from heirs claiming laglott rights.

The Sweden Expat Death Guide covers the complete cross-border succession framework, including how to structure wills for dual jurisdictions and when professional legal advice is essential.

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