Thank you for turning to Fråga Juristen regarding your questions about the Swedish law. I will try to explain the Swedish legislation in these concerns and give you some advice how to proceed in your case.

Rules about wills

According to 10:1 in the Swedish Inheritance Code a will shall be written, and the testators signature witnessed by two persons, who also sign the will. You can keep the will wherever you like, preferably somewhere safe. In the will you can express your wishes about your inheritance, but also about custody of your child if you die before she turns 18. You and your husband can also write a joint will.

Rules about custody of children

Custody of children is regulated in the Swedish Children and Parents Code. In the case of one parents death, and the parents had joint custody, custody of the minor child shall pass to the living parent alone. If both parents die, a court shall entrust the custody of the child to one or two specially appointed guardians. This is accordingly to 6:2 in the Children and Parents Code. If the parents before their death have announced who they want to be the guardian of the child (for example in a will), then the person or persons must be appointed, if it is not inappropriate (6:10 a section 4). When a court makes a decision on custody of a child, it is always the child's best interests that are decisive (6:2 a). Notice that the guardian and the custodian usually is the same person or persons, but it can differ (10:3).

Advice

To make sure the will is written accordingly to Swedish law and to sort out who would take care of your daughter in the case of death, I would advise you to book a meeting with a lawyer at Familjens Jurist. You can use this link to book an appointment. Translation of the website to English is available through the icon of a planet on the top right corner.