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INHERITANCE

Why a remnant of patriarchal law still haunts Sweden

A centuries-old provision in Sweden's inheritance law means a noble family's property is often bequeathed to the first-born son. Although slowly dying out, it is still in use today, provoking controversy in a country that champions gender equality.

Why a remnant of patriarchal law still haunts Sweden
Carl Johan Cronstedt is the tenth generation to own Fullerö estate in Västerås. Photo: Hélène Dauschy/AFP

Carl Johan Cronstedt, a member of the Swedish nobility, is the tenth generation to have inherited the family estate and home.

Built in 1656 and designed by French-born architect Jean de la Vallee, Fullerö castle and its 700-hectare (1,729-acre) estate has been handed down from father to son since 1739, when Cronstedt’s ancestor made it a fideicommissum.

Under this centuries-old provision in Sweden’s inheritance law, a noble family’s property is bequeathed to a single heir – in practice, usually a son – to the detriment of other siblings. The aim is to keep the estate intact. 

Imported from Germany, Swedish nobility adopted the practice in the 17th century. It required families to stipulate the criteria for becoming the heir – commonly at that time, it was the first-born son – which was then to be respected by all the generations to come.

“It was a way for the rich to maintain their strong position in society,” Martin Dackling, a historian at Lund University, told AFP.

While, in theory, an eldest daughter could be named the beneficiary in a will, in the vast majority of cases properties are passed to the son, he said.

“Sweden is one of the last countries that still has this,” Dackling added. “It’s an almost feudal remnant and it’s somewhat remarkable that it can remain in Sweden where you normally don’t have these types of differences left.”

The tenth generation

Well-dressed and jovial, Carl Johan Cronstedt, 75, takes pleasure in regaling Fullerö’s history as he welcomes visitors to the charming, wooden building, located about 10 kilometres from the eastern city of Västerås.

Carl Johan Cronstedt, surrounded by paintings of his ancestors. Photo: Hélène Dauschy/AFP 

In the castle’s left wing, he proudly displays a letter written by 18th-century philosopher Jean-Jacques Rousseau to one of his ancestors.

“I am the tenth generation at Fullerö. I have a son, a daughter and five grandchildren,” the count says, turning to his 45-year-old son and oldest child, also named Carl.

“If the fideicommissum is extended it is my son who will inherit Fullerö after my passing,” Cronstedt says. His wish is for the estate to remain in the family.

In 1963, acknowledging that the form of inheritance was falling into obsolescence, Sweden’s social-democratic government passed a law to dismantle the few hundred remaining fideicommissums.

However, it retained the possibility that a fideicommissum could be extended by the government if petitioned by a family. Nearly 50 years later, 10 fideicommissums remained and the dismantling has dragged on due to several extensions granted in the 1990s.

“If the historical and cultural value of the property cannot be preserved from one generation to the next, the government can grant an extension of the fideicommissum, but only for one generation at a time,” Dackling said.

In 1995, Fullerö was granted its first extension, after the family argued that the estate would become fragmented if passed on to several heirs, thereby risking its historical value. Following that decision, several fideicommissums used the same argument to keep their estates intact.

Cronstedt now wants the exception to be extended indefinitely, a request which sparked controversy after it was reported in the Swedish media earlier this year.

No place in modern society

Former government minister Annika Strandhäll told the Dagens Nyheter newspaper that the system had no place in modern society.

“There should reasonably be other ways to preserve the historic, cultural and natural interests [of a site] other than through a fideicommissum,” she said.

The count says that if their request were granted, the privilege would no longer be reserved to the family’s male heirs.

“In addition to the application for the extension, we have also applied for it to be done gender neutrally, meaning the eldest child will get the fideicommissum, instead of the eldest son,” he said.

Carl Cronstedt the younger will inherit part if not all of the Fullerö estate. Photo: Hélène Dauschy/AFP  

Walking across a freshly mown lawn on an unusually hot summer day, Carl Cronstedt the younger says he hopes to keep the estate, as his father did, so that he can take care of “an old farm that has a lot of cultural and historical value”.

If his family’s request is denied, the law set up to dismantle fideicommissums still remains favourable to him, as half of the estate will go to him, while the other half would be divided between him and his sister.

His sister, also concerned about preserving the estate, supports the family’s case being presented to the government.

Beyond sibling injustice, journalist Björn af Kleen, who wrote Jorden de ärvde (The Land They Inherited), argues that the survival of the fideicommissum has allowed Swedish aristocrats to keep their properties – often valued at several million euros – through the centuries.

In regions such as Skåne and Södermanland, 13 percent of the land still belongs to noble families, even though they only make up 0.25 percent of the population, Kleen says.

Nioucha Zakavati/AFP

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SWEDISH HISTORY

INTERVIEW: ‘Sweden viewed the Sami as a lower form of culture’

On February 6th Sami communities all over Sápmi – an area spanning the northern reaches of Norway, Sweden, Finland and Russia’s Kola peninsula – gather to celebrate Sami National Day. To find out more about the past, present and future of the Sami in Sweden, we speak to Charlotta Svonni, a researcher on indigenous education at Umeå University.

INTERVIEW: ‘Sweden viewed the Sami as a lower form of culture’

Before national borders were drawn in the Nordics, Sami hunters and fishers populated the area now known as Sápmi, and Sami National Day has become an important annual event for the celebration of Sami cultural traditions.

The date was chosen to mark the occasion of the first Sami Congress, held in Trondheim, Norway, in 1917 and reflects a desire among Sami communities for greater self-determination.

An estimated 20,000-40,000 Sami live in Sweden (the figure is uncertain since Sweden doesn’t gather data on ethnicity) and Sami languages are spoken across the region. A Sami parliament was established in 1993 to represent the interests of the Sami, who are one of the country’s five official minorities. 

Charlotta Svonni lives with her family in Umeå but is originally from Kiruna in the far north and belongs to the Sami village Laevas.

She recently completed a doctoral thesis on the ‘nomad schools’ instituted by Sweden to educate the children of reindeer herding Sami families and is well-versed in the colonisation and discrimination faced by the Sami over the centuries.

“If we start with the 1600s, the Sami religion was viewed as pagan and the crown wanted the Sami to be Christians,” she says. “Also, the crown wanted the Sami to pay taxes so that they could claim the land.”

In the decades that followed, Sweden encouraged more and more settlers to move north, dangling tax exemptions and freedom from conscription as very attractive incentives, she adds.

Relations between the Swedish authorities and the Sami frayed further as the nationalist ideologies proliferating in Sweden and elsewhere in Europe in the 19th century brought with them notions of racial supremacy.

“They viewed the Sami as belonging to a lower form of culture and that they were not able to take care of themselves. The view from the majority perspective, or the crown, was that if Sami people didn’t work with reindeers, they would die, they wouldn’t be able to live in Swedish society.

“But this was not for all Sami. One really important thing is that the crown of Sweden only wanted to preserve the reindeer herders that were in the mountain region, that were called the nomads.”

Sweden’s increasingly strict definition of the Samis’ role in society led to an exotification and segregation of the indigenous population, Svonni says. The mountain reindeer herders were expected to always wear traditional clothing and live a nomadic lifestyle in traditional tents, or kåtor. By contrast the forest-dwelling reindeer herders and other Sami were to be assimilated into Swedish society.

The nomad schools – boarding schools created for Sami children – further solidified this segregation, she says.

“They were not allowed to go to schools with the Swedes. They were not allowed to go to schools with other Sami people. So these reindeer herders went to the nomad school. This was created in 1913, around the same time period as the Racial Biology Institute, which was created in 1922. These were the kind of ideas flourishing in Sweden.”

Her voice cracks as she recalls a dark period of overt racism that affected many Sami, including her own family.

Svonni recommends anyone interested in this period to watch the 2016 film Sameblod (Sami Blood). The film tells the story of a girl attending a nomad school who, like many other Sami at the time, was subjected to degrading experiments at the hands of the Uppsala-based institute.

The nomad schools were finally shut down in 1962.

While relations with the state have improved immeasurably since the 1930s, Svonni says that “extractivism on Sami land” remains a central area of conflict.

“Just take all the mines. You have this big state company, LKAB, that’s situated in Kiruna, and there are always problems with that. You have this issue with Rönnbäcken in Tärnaby, if they are allowed to mine there or not. You also have the windmill parks and forestry. These are all big state companies but they don’t regard the Sami village or the reindeer husbandry people’s voice in this.”

Her claim is backed up by the fact that United Nations experts routinely chastise Sweden for its failure to adequately involve its indigenous population in consultation processes. But this criticism is also grounds for cautious optimism, says Svonni.

“I see some steps that are going in the right direction, and that is also due to the global indigenous issues moving forward. This puts pressure on Sweden, so I think it will become better in the future.”

A ‘truth commission’ established by Sweden to investigate abuses against the Sami is expected to present its findings in late 2025.

Hear more from Charlotta Svonni in the latest episode of The Local’s Sweden in Focus podcast.

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