Wills and guardianship in Sweden: planning who cares for your child

Many international families in Sweden ask us the same thing: when one parent and the child hold Swedish citizenship and the other parent does not, can a will make sure the child is cared for by the right person if the Swedish parent passes away? And if so, what does it take?

It is a very good question, and the answer has two parts that people often mix up: who will care for your child (custody) and who will control your child's money (inheritance and guardianship of property). Swedish law treats them separately, and a well-drafted will deals with both. This guide walks you through how it works.

What happens to custody when a parent dies

Custody (vårdnad) in Sweden is decided by the Children and Parents Code (föräldrabalken). Nationality plays no role: if your child lives in Sweden, Swedish rules apply, whether the surviving parent is Swedish, Indian or any other citizen. There are three typical situations:

Check that you actually have joint custody

Many couples assume they share custody when they don't. If you were married when the child was born, you get joint custody automatically. If you were not married (sambo), the mother has sole custody unless joint custody was registered — usually at the same time as paternity was confirmed, or later through the Swedish Tax Agency or the court. You can check who is registered as custodian with Skatteverket.

This matters a lot. If the mother has sole custody and dies, the father does not take over automatically — the court must decide. Registering joint custody is often the simplest step a family can take.

Can a will decide who gets custody?

Not as an absolute order — but very nearly. Under 6 kap. 10 a § föräldrabalken, when a guardian is to be appointed after the parents' death and one or both parents have made known who they want as guardian, that person shall be appointed unless it is unsuitable. The court and the social welfare board always look at the child's best interests, but your written wish carries real legal weight.

The wish does not have to be in the will itself, but most people put it in the will or in a signed document kept with it, so that it is found when needed. To make your wish as strong as possible:

• Name a first choice and a back-up. If both parents are named, say whether you want one or two guardians (for example a couple).
• Ask the person first. A guardian who has agreed in advance is much easier for the court to appoint.
• Explain why. A short explanation — your child knows them well, shares language and culture, goes to school nearby — helps the court see that the choice serves your child.
• Think about where the guardian lives. A relative in India can be appointed, but moving a child abroad raises practical and legal questions. Many families name someone in Sweden first and family abroad as back-up, or the other way around after careful thought.
• Both parents should sign matching wishes. Conflicting wishes weaken both.
• Update it when life changes: a separation, a new partner, the guardian moving or falling ill.

Remember the limit: if you share custody, the other parent takes over automatically when you die, and a wish cannot change that. If you have serious concerns about the other parent's ability to care for your child, talk to a lawyer about it now — that is a different process.

Custody is not the same as the money

Children are heirs under Swedish law. If you die while your child is under 18, your child may inherit money, a share of a home or insurance payouts. A child cannot manage this themselves, so it is handled by the child's legal guardian of property (förmyndare) — normally the parent or parents with custody — under supervision of the municipality's Chief Guardian (överförmyndaren).

When a child's assets exceed eight price base amounts — 473 600 kronor in 2026 — stricter rules apply, including reporting to the överförmyndare. Inherited money can also be placed under the Chief Guardian's special control. In practice the money is protected until your child turns 18, and then it is theirs to do with as they wish.

In your will you can shape this. You can, for example:

• Name someone other than the parent to manage the inheritance (särskild förvaltning, 12 kap. 1 § föräldrabalken). Useful if you are separated, or if you want a trusted relative with financial skill to handle it.
• Make the inheritance your child's separate property (enskild egendom), so it is not split if your child later marries and divorces.
• Decide what happens to specific items — the family home, savings, jewellery, property abroad.

Also check the beneficiary designations (förmånstagarförordnande) on your life insurance and occupational pension. Those payouts usually go outside the will, so they must match your plan.

Who inherits if you have no will

Without a will, the Inheritance Code (ärvdabalken) decides. The basics:

• Married, with children together: the surviving spouse inherits everything with free right of disposal (fri förfoganderätt). Your common children inherit when the second parent dies (efterarv).
• Married, with a child from a previous relationship (särkullbarn): that child can claim their inheritance straight away.
• Sambo (not married): partners do not inherit each other at all. Everything goes to your children. Your partner may only get a share of the joint home and household goods under the Cohabitees Act. Many international couples in Sweden are sambo and do not realise this.
• Children's reserved share: your children always have the right to half of what they would inherit by law — the laglott. A will cannot take that away, but it can decide the rest.
• A surviving spouse is also protected by the four price base amount rule (236 800 kronor in 2026): they keep at least that much from the marital property where possible.

International families: which country's law applies?

Inheritance for someone who dies while living in Sweden is generally governed by the EU Succession Regulation, which points to the law of the country where the deceased was habitually resident — usually Sweden. If you are a citizen of another country, you can choose in your will that the law of your nationality should apply instead. Whether that is a good idea depends on your family and assets, so get advice before making that choice.

If you own property or bank accounts in India or another country, that country's courts and rules may still apply to those assets in practice, especially to land and real estate. A common and practical solution is two coordinated wills — a Swedish will for assets in Sweden and a will made under local law for the assets abroad — written so that neither revokes the other.

How to write a valid will in Sweden

Swedish law has strict formal requirements (10 kap. ärvdabalken). A will must be:

1. In writing — typed or handwritten.
2. Signed by you (the testator).
3. Witnessed by two people present at the same time, who know that the document is a will. They do not need to read its content.

The witnesses must be at least 15 years old and should not be your spouse, close relatives, or anyone who receives something in the will — or their spouse or close relatives. A witness with such a connection can make the will open to challenge. The safest choice is two neutral adults.

Sweden has no official will register, so keep the original somewhere safe where your family will find it — for example with your law firm — and tell the people concerned where it is. A will made abroad can be valid in Sweden if it meets the formal requirements of the place where it was made, or of your nationality or residence, but it is wise to have it checked.

Other documents worth considering

• Prenuptial agreement (äktenskapsförord) — decides what is separate property in a marriage.
• Cohabitation agreement (samboavtal) — for sambo couples who want to exclude the Cohabitees Act's division rules.
• Lasting power of attorney (framtidsfullmakt) — who acts for you if you become unable to manage your affairs while alive.

If the surviving parent is not a Swedish citizen

In families like the one in the question, there is a migration side too. If the non-Swedish parent's residence permit is based on the relationship with the Swedish partner, the partner's death does not automatically end the right to stay — but the basis for the next permit changes. Close ties to Sweden, and especially caring for a child who is a Swedish citizen, weigh heavily. It is worth knowing your options early, before a permit needs to be extended. Our migration team can help you check your situation.

Checklist for parents

• Check that you have joint custody registered.
• Decide on a guardian and a back-up, and ask them.
• Write a will that includes the guardianship wish, who manages the child's inheritance and whether it is separate property.
• If you are sambo, decide whether your partner should inherit — without a will they won't.
• Update beneficiaries on life insurance and pensions.
• If you have assets abroad, plan for a second, coordinated will.
• Store the original safely and review it every few years.

This article is general information about Swedish law as of Tuesday 14 July 2026. It is not legal advice for your specific situation — every family is different, so talk to a lawyer before you act.