Sambo Inheritance Rights in Sweden: Why Cohabitants Need a Will

If your unmarried partner dies in Sweden, you inherit nothing. Not the home you shared, not their savings, not their pension. Under Swedish law, cohabiting partners (sambor) have no automatic inheritance rights — regardless of how long you lived together or whether you have children.

This catches many expats and foreign nationals completely off guard. Sweden is progressive in many areas, but its inheritance law draws a hard line between married spouses and cohabitants.

What the Cohabitees Act Actually Covers

The Swedish Cohabitees Act (Sambolagen) does provide some protection, but it is far more limited than most people assume. When a sambo relationship ends — through death or separation — the surviving partner can request a division of joint dwelling and household goods (bodelning).

This means:

• The shared home (whether rented or owned) and shared household items acquired for joint use are divided equally between the surviving partner and the estate
• Only property acquired for joint use is included — not savings, investments, vehicles, or other personal assets
• The surviving partner can request to keep the shared home, but must compensate the estate for the other half's value

Everything else — bank accounts, shares, real estate purchased before the relationship, pension rights — goes entirely to the deceased's legal heirs (children first, then parents, then siblings).

The Devastating Scenario Without a Will

Here is how it typically plays out: A couple lives together for 15 years in an apartment the deceased bought before the relationship. They have no children together, but the deceased has two adult children from a previous marriage.

Without a will, the surviving partner gets nothing from the estate. The apartment was not acquired for joint use (it was purchased before the relationship). The savings, pension, and investments go entirely to the deceased's children. The surviving partner may even need to vacate the home.

If the apartment had been purchased jointly during the relationship, the surviving partner would be entitled to half its value under Sambolagen — but still nothing from any other assets.

How a Will Changes Everything

A properly drafted Swedish will (testamente) can leave assets to a sambo partner. However, Swedish law limits what a will can override:

Children always get their protected share. Direct descendants (bröstarvingar) are entitled to at least 50% of what they would receive under intestacy rules — this is called their laglott. A will cannot eliminate this share, but it can direct the remaining 50% to the surviving partner.

The will must meet Swedish formality requirements. It must be signed by the testator in the simultaneous presence of two independent witnesses who also sign. A will that is valid in the testator's home country may not automatically be valid in Sweden — though the Hague Convention on wills provides some cross-border recognition.

What to Do Right Now

If you are a sambo in Sweden — or your partner is Swedish and you live abroad — take these steps:

Draft a will. This is the only reliable way to ensure your partner inherits. A Swedish family lawyer (familjejurist) can draft one for a few thousand kronor. Online services like Lexly or Familjens Jurist also offer template-based wills.

Register joint acquisition. If you are buying property together, make sure it is registered in both names and documented as acquired for joint use.

Review life insurance. Life insurance payouts go to the named beneficiary, bypassing the estate entirely. Naming your partner as the beneficiary is one of the simplest ways to provide financial security.

Consider a cohabitation agreement. A samboavtal can expand or restrict the property that falls under Sambolagen, giving both partners clarity about what happens in case of separation or death.

For a detailed guide to inheritance rights, estate settlement, and the specific protections (and gaps) for cohabitants in Sweden, the Sweden Expat Death Guide covers the complete legal framework in English.

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