Testamentstagare

Testamentstagare is a term used in Swedish law to denote a person who, in a will (testamente), is designated to receive a specified asset, sum of money, or share of the deceased’s estate. The person who makes the will is the testator. A testamentstagare may receive a legat (a specific bequest) or a share of the estate distribution as laid out in the will.

The rights of a testamentstagare arise when the estate is settled after death. The bequest is typically paid after the deceased’s debts, taxes, and expenses have been covered. The testamentstagare’s entitlement depends on the terms of the will, which may include conditions or deadlines. If the estate does not have sufficient assets to satisfy all bequests, the bequests may be reduced proportionally. In some cases the will may specify substitutions or alternative beneficiaries if a testamentstagare cannot receive the bequest due to death or other reasons.

Swedish inheritance law (Ärvdabalken) also provides protection for close relatives, such as the surviving spouse or children, through the right to laglott (the legal portion). This means that a will cannot always eliminate these statutory rights, and testamentstagare rights may be affected by such protections. The validity and interpretation of a will are subject to probate procedures, including possible challenges or klander of the testament if formal requirements are not met or if the will conflicts with mandatory legal provisions.