When a marriage or cohabitation ends, or when someone dies, complicated financial questions often need to be resolved correctly and in the right order. Guard Advokater assists you throughout the process – from the estate inventory (bouppteckning) and distribution of the estate (arvskifte) to the division of property (bodelning) and disputes about wills.
Estate administrator, estate distributor and property division administrator
When the beneficiaries of an estate, spouses or cohabitants cannot agree, the district court (tingsrätten) can appoint an estate administrator (boutredningsman) who manages and winds up the estate, an estate distributor (skiftesman) who carries out the distribution of the estate, or a property division administrator (bodelningsförrättare) who carries out the division of property. Guard Advokater takes on such appointments. You can propose the firm's advocate when applying to the district court for an appointment.
We welcome requests for appointments from district courts, fellow lawyers and beneficiaries. Before accepting an assignment we always carry out a conflict check, and we let you know quickly whether we can take it on.
Estate inventory, distribution and wills
We draw up estate inventories and distribution agreements, assist with the interpretation of and challenges to wills, and help you plan your own estate through wills, deeds of gift and prenuptial agreements.
Division of property, prenuptial and cohabitation agreements
We assist with the division of property after divorce or separation and draft prenuptial and cohabitation agreements that prevent future disputes.
Assets in several countries
Many of our clients have assets or relatives in more than one country. We have particular experience of estates and divisions of property involving Turkey, where questions of applicable law, real estate and tax in both countries need to be handled in a coordinated way.
Frequently asked questions
How soon must an estate inventory (bouppteckning) be made?
The estate inventory must be carried out within three months of the death and submitted to the Swedish Tax Agency for registration within one month after that. If more time is needed, the estate can apply for an extension from the Tax Agency.
Who inherits if there is no will?
The inheritance is then distributed according to the order of succession in the Swedish Inheritance Code. Children inherit first. A surviving spouse normally inherits before the couple's joint children, who receive their inheritance only when both parents have died. Children from another relationship are entitled to receive their inheritance directly.
What makes a will valid?
The will must be in writing and signed by the testator in the presence of two witnesses who are present at the same time and know that it is a will. The witnesses may not be the testator's spouse, cohabiting partner or close relatives, and may not themselves inherit under the will.
What is the statutory share (laglott)?
The deceased's children are always entitled to their statutory share, which is half of what they would otherwise have inherited. Anyone who wants to claim their statutory share against a will must request an adjustment within six months of being formally notified of the will.
What do an estate administrator and an estate distributor do?
When the heirs cannot agree, the district court can appoint an estate administrator (boutredningsman) who takes over the management of the estate, or an estate distributor (skiftesman) who carries out the distribution. The firm's lawyers take on both assignments and also represent individual heirs.