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The protection of family interests versus the testator’s freedom of will in Swedish inheritance law
https://doi.org/10.31749/2451-0807-sp-2026-10
Abstract
The article analyses the relationship between testamentary autonomy and the protection of family interests in Swedish inheritance law. Swedish inheritance law recognises testamentary freedom, but that freedom is materially constrained by statutory rules protecting particular family members, most notably the descendants’ reserved portion (laglott), which corresponds to one half of the statutory share of each entitled descendant. The paper also examines mechanisms preventing the circumvention of this protection through gifts made during the testator’s lifetime. Particular attention is paid to the position of the surviving spouse, including deferred inheritance (efterarv) and the base amount rule (basbeloppsregeln), as well as to the more limited protection granted to surviving cohabitants. Methodologically, the study employs a doctrinal legal analysis of Swedish legislation, case law, legal scholarship and legislative preparatory materials, supplemented by a limited functional comparison with Polish inheritance law. The article also discusses the reform proposals contained in SOU 2025:91. The analysis demonstrates that Swedish inheritance law does not rest on unrestricted
testamentary autonomy, but on a balance between the testator’s freedom and the legally protected, potentially competing, interests of
descendants, spouses and cohabitants.
Keywords:
Swedish inheritance law , testator’s autonomy of will , laglott , family protection , successionDownload files
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
No. 38 (2026)
Published: 2026-10-14
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.