Chapter 1. The law's content
Genetic regulation
section 1 in Chapter 2. There are provisions which complement
European Parliament and Council Regulation (EU) No 650/2012 of
on July 4, 2012 on jurisdiction, applicable law, recognition
and enforcement of judgments and acceptance and
enforcement of authentic instruments in matters of succession and
on the creation of a European certificate of succession, in the
original wording (gene regulation).
The Nordic Heritage Convention
section 2 of Chapter 3. provisions transposing the Convention
on 19 november 1934 between Sweden, Denmark, Finland, Iceland
and Norway on inheritance, Testaments and estate administration (the Nordic
Heritage Convention).
Rulings given in States outside the Nordic countries and the EU
section 3 of Chapter 4. contains provisions on the recognition and
enforcement of judgments in States
neither applies genetic regulation or is connected to the
Nordic Heritage Convention.
Chapter 2. Supplementary provisions to the regulation on succession
The scope of this chapter
section 1 of this chapter applies to questions of inheritance in international
situations, subject to 3 or 4.
Special executor
section 2 If a legacy after a person who is not resident in the
Sweden is dealt with in Sweden according to Swedish law and the
decedent's estate will be surrendered to the management of
executor, the executor appointed cannot be
Inheritors or otherwise dependent on the investigation
(Special executor).
A special executor must also be appointed if a legacy to
dealt with in Sweden and an executor shall be appointed in accordance with
Swedish law, despite the fact that foreign law otherwise applicable to
heritage. However, this applies only if the subject
gene regulation.
If a probate is to be notified when a specific
executor has been appointed under the first or second
subparagraph, the time according to Chapter 20. Article 1, first paragraph
inheritance law is counted from the time when the property was ceded
to the estate's management.
A formal validity of wills
the formal validity of wills, section 3, paragraph A shall be assessed in accordance with
This clause instead of in accordance with article 27 of
gene regulation.
A will shall be deemed valid if it
satisfies the formal requirements of the law of the place where it was created
or the place where the testator at the establishment or at their
deceased had domicile or citizenship. A will which
relating to immovable property shall also be considered valid if
it satisfies the formal requirements of the law of the place where the property
There is.
Second subparagraph shall also apply to the withdrawal of
last will and Testament. A revocation shall also be considered valid to
If the recall satisfies the formal requirements of any of the
laws under which the Testament referred to in the second subparagraph was
valid to the shape.
For the purposes of the second and third subparagraphs shall also place
where the testator by law in that city had domicil counts
that the testator's domicile.
Property which belongs to the Swedish Inheritance Fund
section 4 If, under the law applicable to the succession not
There is no heir or legatee to property
found in Sweden, the asset accrue to the General
the Swedish Inheritance Fund.
A foreign State, municipality, public fund or public institution
should not be considered as an heir for the purposes of the first
paragraph.
The provisional care of property
§ 5 If there is property in Sweden, but Swedish courts or
other authority is not competent to decide about the legacy, the
the Social Welfare Committee, if necessary, take care of the property and take
necessary measures. The death must be notified to the
the Social Welfare Committee of the who have property in their care or
otherwise, the closest to making the notification.
The Social Welfare Board shall submit the property to the competent
to receive it.
If social welfare cannot hand over the property to someone
According to the first paragraph, the Board shall notify the death to
the District Court. The District Court shall order that the property be
surrendered to the management of a special executor to
then it can be submitted to the competent to receive
it.
If the property is of little value, social welfare, instead
to report the death to the District Court pursuant to other
paragraph, submit your property to a related to the
deceased or to utlandsmyndigheten for the State in which the
deceased was a citizen of.
Taking into account of foreign business
6 § In live investigation or legacy made in Sweden shall,
If the law applicable to the succession, considered what
added creditor, heir or legatee for
the corresponding Ordinance after the deceased in another State.
European certificate of succession
section 7 of the tax agency is the competent authority for the issue of
European certificate of succession according to genetic regulation.
section 8 of the tax agency's decision regarding a European certificate of succession
be appealed to the District Court of the place where the deceased had
resident. If the deceased did not have habitual residence in Sweden,
appealed the decision to the District Court of Stockholm.
On appeal the law (1996:242) if
Court cases, subject to
gene regulation.
Recognition and enforcement according to genetic regulation
§ 9 an application for a foreign key to be recognized
or declared enforceable in Sweden according to
gene regulation is made to the District Court. The Government can
support of Chapter 8. section 7 of the Constitution provide for
What are the district courts, which may examine an application.
section 10 of the application for amendment under the regulation of a succession
decision in respect of an application under section 9 is made to
District Court which has issued the decision.
If such an application is made by the person who has made application under
section 9, shall be submitted to the District Court within four weeks
from the date of the decision.
section 11 in the Court of the issues referred to in 9, and
10 § § apply otherwise Act (1996:242) about court cases,
subject to genetic regulation.
section 12 If a decision declared enforceable, implemented
the decision according to the enforcement code in the same way as a
Swedish dom that has a legal effect, unless otherwise
follow the succession regulation.
section 13 Of the District Court by the procedure referred to in article 9 of the
approves an application for a declaration of enforceability, should
the decision of the District Court shall be deemed to include an attachment order
or any other measure referred to in chapter 15.
the code of judicial procedure.
Chapter 3. Special provisions for Nordic conditions
The scope of this chapter
section 1 of this chapter applies in relation to the States
connected to the Nordic Heritage Convention.
Probate
section 2 Of the inheritance is handled in Denmark, Finland, Iceland or
Norway and Sweden it is the property that belongs to the nest,
The tax agency at the request of estate administration appoint a
appropriate person to conduct probate. In the estate inventory
should the estate assets in Sweden is taken up with an indication of
value and liabilities specifically charged to the estate.
Garnishment
3 § If an estate is the subject of the treatment of bobestyrer in
Denmark or Iceland or Norway public parcel and
There is property in Sweden belonging to the nest, as
provided for in the other State's law on the restriction of the
creditor's right to receive payment by seizure out of the decedent's estate
applied to the property in Sweden. However, this does not apply if
in the case of seizure of tax or general levy
imposed in Sweden. It also does not apply if the claim should be
out of the property which constitutes the pawn or as may be maintained to
Security for the claim.
section 4 If the property referred to in paragraph 2 shall be sold by way of execution,
apply to the sale and distribution of
the purchase price was 9 of Act (1981:7) if the effect of
bankruptcy that occurred in the other Nordic country.
Checking
paragraph 5 of the Rules in another Nordic state law that
enrollment in a real estate book or court records
(district search) is a prerequisite to a right
arising out of the contract or other legal act or by
attachment (utlegg or utpantning) to apply to the estate, the
do not apply in respect of property that at the time of his/her death was in
Sweden.
Rules about where certain property shall be deemed to be
section 6, A claim which is based on a promissory notes or
on another debt securities must be presented to
the claim shall be required, for the purposes of
the provisions of this chapter shall be deemed to exist where the plot
There is. Other requirements shall be considered to be in the State under
the law should be stay the investigation.
A registered ship or aircraft to be deemed to be in
the State of domicile.
Court decisions about estate management
section 7 If a court in Denmark, Finland, Iceland or Norway have
decided that an estate after a citizen of a Nordic state
as at the time of his death was domiciled in Denmark, Finland, Iceland or
Norway shall be disposed of by the Court of Justice or Court of inheritance,
executor, executor or bobestyrer, or
to the nest should be subject to investigation and shift through
some owners ' merchandise or shifted with the involvement of
executor, should the decision be valid in Sweden.
The first subparagraph shall apply only if the decision is not inconsistent with a
judgment given by a court or other
authority which is competent pursuant to the regulation on succession.
Division of property following the husband's death
section 8 Division on the occasion of a husband's death to be settled
Swedish law if the deceased person was a national of Denmark, Finland,
Iceland or Norway, and at his death was habitually resident in Sweden.
Division of property following the husband's death are also
under Swedish law if a surviving spouse who is a national of
Denmark, Finland, Iceland or Norway have been in the undivided live
and he or she is domiciled in Sweden. The same applies if the
a surviving spouse has been sitting in the undivided live and at the time of his death
was a national of Denmark, Finland, Iceland or Norway, and then
resident in Sweden.
§ 9 in the Division on the occasion of a husband's death which are held
in Sweden after a citizen of another Nordic State should
all the assets and liabilities of the spouses in Sweden and
abroad are covered.
section 10 A question relating to the Division of property due to a spouse's
death shall be dealt with by a Swedish court or other authority, if
Division of property are held in accordance with Swedish law according to § 8.
A dispute concerning Division of property following the husband's death
may also, in spite of the fact that the Court in another Nordic state is
jurisdiction, is taken up by a Swedish court if the parties agree
It does not apply if the estate is subject to
treatment of court, executor, bobestyrer or
by court-appointed executor or executor or
If the dispute involves criticism of the Division.
Recognition and enforcement
section 11 in respect of the recognition and enforcement of a judgment or
settlement from Denmark, Finland, Iceland or Norway if correct
due to inheritance or bequest, the surviving spouse's right,
Bo investigation or parcel by reason of death or
responsibility for the dead man's debts law (1977:595) about
recognition and enforcement of judgments in the Nordic
Civil and commercial matters. If the law does not apply, apply 4
Chapter, subject to genetic regulation, or
the law (1990:272) on international issues relating to children and
property rights for cohabiting couples.
Chapter 4. Specific provisions on the recognition and
enforcement of certain foreign judgments
The scope of this chapter
section 1 of this chapter applies to decisions given in
States that neither applies genetic regulation or is
connected to the Nordic Heritage Convention.
Recognition
section 2 of the inheritance or bequest of a court,
other authority or specially appointed executor who has
a final case in Sweden, where the judgment was given
in a State where the deceased had domicile and there is no
obstacles to the recognition under section 3.
section 3 of the foreign judgment is not applicable in Sweden, if
1. judgment has been entered against a party that has not been
defence and which has not become aware of the actions raised in
time to answer in the matter or against a party that otherwise
do not have a reasonable opportunity to bring his action in the
foreign proceedings;
2. the decision goes against a Swedish operative,
3. the decision is contrary to a previously announced foreign
crucial that applies here,
4. in Sweden there is a procedure which may lead to a
contradictory, or
5. it would be manifestly incompatible with the grounds for the
Swedish law to recognise the ruling.
Enforcement
4 of a foreign judgment that is enforceable in the
the Forum, which is valid for Sweden may be executed, if
the ruling has been declared enforceable here.
An application to the judgment shall be declared enforceable in
Sweden is made to the District Court. The Government, with the support of 8
Cape. section 7 of the Constitution provide for the
district courts which may examine an application.
The applicant shall submit with the application the judgment in
original or copy certified by a competent
authority as well as the additional documents that the District Court
need for its review. The applicant shall submit a
translation of documents to the Swedish, unless
the District Court considers that it is unnecessary.
§ 5 in the handling of a case in the Court of
enforceability shall apply in all other respects the law
(1996:242) about court cases.
section 6, If a decision declared enforceable, implemented
the decision in the same manner as the corresponding Swedish
decision in a final. A decision on the coercive
in the ruling, however, does not apply.
Transitional provisions
2015:417
1. this law shall enter into force on 17 August 2015.
2. by law repeals Act (1937:81) on the international
legal relations concerning the estate, the law (1935:44) about the estate
After the Danish, Finnish, Icelandic or Norwegian citizen, who had
resident here in the Kingdom, etc., Act (1935:45) If estate
After the who had residence in Denmark, Finland, Iceland or
Norway and the law (1935:46) on supervision in some cases on the undivided
estate after citizens of Denmark, Finland, Iceland or
Norway.
3. Older provisions still apply for issues with
reason of a death that occurred before
the entry into force.