Guide To Making Online Wills In Sweden

In this article:

• What Is An Online Will?
• Are Online Wills Legal?
• What Makes a Will Legal In Sweden?
• What Are The Benefits Of Using An Online Will Platform?
• Who Would Benefit From Making An Online Will?
• Can An Online Will Be Contested In Court?
• Can I Update My Will Online?
• Can I Store My Will Online?

We frequently receive inquiries from customers regarding online wills: What sets them apart? Are they suitable for my needs? And most importantly, are they legally valid?

To assist you in determining whether an online will suits your requirements, we're covering all the typical queries surrounding online wills and their creation below.

What Is An Online Will?

Let's start by clarifying what we mean by an online will. At MinWill, an online will refers to a document generated with our assistance, wherein we gather pertinent details about your circumstances through a series of questions. With this information, we tailor a personalized, legally binding last will and testament for you.

Are Online Wills Legal?

We're frequently questioned about the legality of our wills. In brief, yes, they are legally binding. However, certain steps must be followed to ensure it meets the criteria for a legal will in Sweden.

It's crucial to grasp that the legality of a will in Sweden isn't contingent on whether it was drafted by a lawyer or the method of its creation.

What Makes a Will Legal In Sweden?

Regardless of how you create your last will and testament, certain fundamental criteria must be met for it to be legally binding in Sweden:

• Age of majority: You must have reached the age of majority in Sweden. 
• Sound mind: The will must be written by you while in a rational state of mind, fully aware of your actions.
• Wet signature: If the will is typed, it must be printed and signed with ink on paper at the end of the document by you, the testator. Only the printed and signed version of the will is legally recognized. 
• Witnesses: The will must be signed by witnesses in your presence. 

If a will is not signed properly, it will not be legally valid, and you may be considered to have died intestate.

With MinWill, we assist you in navigating the process to ensure your online will becomes a valid and legal document. Each of our documents includes an instructions page outlining the requirements with details on witnessing. Additionally, all MinWill documents feature signature and initial boxes to clearly indicate where each person should sign.

It's important to understand that there is no legal requirement for a will to be drafted by a lawyer. As long as you fulfill the conditions outlined above, your will is legally binding.

What Are The Benefits Of Using An Online Will Platform?

Making an online will through a platform like MinWill offers several benefits:

• Cost – It is considerably cheaper than visiting an estate lawyer, particularly if your estate is straightforward. For many individuals, especially those with simple estates, a platform like MinWill is adequate in approximately 90% of cases.
• Convenience – You can create your will from the comfort of your home or workplace without the need to schedule an appointment or coordinate with someone else's availability.
• Time – Once you've made crucial decisions regarding your executor, guardians, and beneficiaries, using a platform like MinWill to create your will online typically takes less than 20 minutes. Furthermore, you can do it at a time and date that suits your schedule.
• Simplicity - We guide you through the process by asking pertinent questions, making the will-making process simpler than ever before.

Who Would Benefit From Making An Online Will?

MinWIll and online wills may be a fit for you if:

• You own property in Sweden
• You have assets/investments in Sweden
• You have a child or children
• You have a pet and want to assign a guardian and/or leave a part of your estate to that guardian for their care
• You want to leave specific gifts (for example art or jewelry)
• You want to leave a cash gift or percentage of your estate to charity
• You’re single, legally-married, divorced, or in a common law relationship (if you’re separated, there are complexities that will require visiting a lawyer)
• You don’t have any complex “if this then that” scenarios - you have several beneficiaries you will split the estate amongst, but don’t need to create any unique stipulations
• You want to create power of attorney documents in order to outline your wishes and appoint someone to make decisions on your behalf if you become ill or incapacitated (sometimes known as a living will)

Roughly 90% of Swedish citizens have estates that we can assist with at MinWill. If you're uncertain whether your estate qualifies as simple, feel free to contact us, and we can help determine if we're the appropriate choice for you. If you require additional resources to address your specific situation, we're more than happy to direct you to appropriate resources.

Which situations add complexity, and may require speaking with a lawyer, tax specialist, or financial advisor? 

Certain life circumstances and preferences can introduce intricacies to your will. Here are some examples of situations that may require guidance from a lawyer, tax specialist, or financial advisor:

• Ownership of property outside Sweden, which may involve tax implications and the need for multiple wills in different jurisdictions.

• Appointment of an executor from a different province or country, potentially requiring them to post a bond against the estate and leading to tax implications.
• Desire to disinherit someone from your will.
• Interest in adding custom clauses, including complex conditional scenarios.
• Separation without divorce.
• Need to create a dual will, particularly for business owners.
• Desire to create a Life Interest trust, granting someone the right to live in or benefit from your assets until their passing.
• Need for legal advice regarding any aspect of estate planning or will creation.

Read More: Complex Situations That May Require a Lawyer

Can An Online Will Be Contested In Court?

Any will is subject to potential contestation in court. Whether your will was crafted online, scribbled on a napkin, or meticulously drafted by an experienced estate lawyer, it remains susceptible to legal challenge. The validity of a will upon creation and its resilience to contestation are distinct matters. Ultimately, it falls upon the presiding judge to assess the will's conformity to your intentions and decide whether to uphold it.

It's essential to understand that although any will can face contestation, crafting a will that unequivocally communicates your wishes is the most effective approach to ensure its validity in court.

Can I Update My Will Online?

Regardless of how your will is generated, it's essential to maintain its relevance by updating it to reflect your current wishes. Life events such as the birth of a child, marriage, divorce, or changes to beneficiaries and executors should prompt a review of your will.

One of the key advantages of online wills is the ease of updates. At MinWill, we prioritize assisting our customers in keeping their estate documents current, enabling you to make changes effortlessly, whenever necessary.

It's crucial to understand that when you make an update, you must correctly print and sign your will to ensure its legal validity. Upon signing the new will, the previous version automatically becomes null and void, and you should dispose of it accordingly. Additionally, remember to inform your executor if you store the updated version in a different location.

Read More: How To Update And Change My Will

Can I Store My Will Online?

Regrettably, current Swedish law does not permit the signing or storage of wills online. This restriction applies universally to all wills, regardless of their method of creation.

While it is perfectly legal to utilize an online tool for crafting your will, it is crucial to print the document and ensure it is signed correctly. Subsequently, store it in a secure location and inform your executor of its whereabouts, enabling them to access it upon your passing.

We acknowledge that estate planning can be daunting and complex. Many of your inquiries may be addressed in our Learn Center, but our team is always available to assist you. Whether through our live chat feature, email at support@minwill.com, or by scheduling a call, we're here to address any concerns you may have.

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