Fideikommiss: In the service of cultural history since the 17th century

This article was originally published on fideikommiss.se.

As early as 1686, a law was passed in Sweden that made it possible to keep large estates intact by preventing them from being divided during inheritance. This has enabled collections of historical, cultural, and scientific value to be preserved for the future. The same applies to buildings, agricultural land, and areas of environmental interest that are significant for outdoor recreation.

Most fideikommisses (from Latin fideicommissum – in English often called entail or entailed estates) were established during the second half of the 18th century. At their peak, there were 217 fideikommisses in Sweden. An interesting detail is that during the period 1686–1770, every third fideikommiss was established by a woman. Today, only ten fideikommisses that manage real property remain.

Fideikommisses have played an important role in Swedish cultural history by making it possible to keep significant collections—such as books, art, and furniture—intact over generations. This also applies to historically significant buildings and land. In addition to being used for research and other academic purposes, many fideikommisses have also opened their doors to the public.

Fideikommiss is arguably unmatched in its ability to save culturally and historically significant buildings, land, and art collections from being dispersed or sold off during difficult inheritance situations. Other proposed models may preserve estates and collections, but often at the cost of turning them into lifeless museum objects. A fideikommiss ensures a living legacy in the sense that the properties are used for their intended purposes—to be used and lived in, ideally by someone who, by family ties or personal connection, maintains a living bond to the fideikommiss and the history of the region. By keeping the original family in place, history is tied together with a living and continuing lineage.

Every era has its own conditions, and the principle of the fideikommiss has often been debated. The idea that one person—usually the eldest son—inherits everything and then passes it on to his eldest son has been seen as outdated. This structure has at times caused family disputes and has also been politically contested.

This led to the introduction of a new law, which came into effect on January 1, 1964. In simple terms, the law mandated the phasing out of fideikommisses. In exceptional cases, the government may decide to extend a fideikommiss charter if the property has exceptionally high cultural and historical value or if there are other special reasons for an extension.

What is a fideikommiss, and what significance do they have today?

The holders of the remaining Swedish fideikommisses and fideikommiss limited companies have formed an interest organization called FIO (Fideikommissariernas Intresseorganisation). Carl Johan Cronstedt, owner of Fullerö and former chairman, says:

“A fideikommiss can be compared to a foundation with a soul. Today’s fideikommisses are essentially foundations—but always with a clearly designated individual responsible for them. In fact, the fideikommiss holder is personally obligated to compensate the fideikommiss from their own estate if they have diminished its value during their tenure. And this is not an uncommon occurrence.”

Background

The word fideikommiss comes from the Latin fidei commissum, meaning “entrusted in good faith.” The concept originated in Southern Europe, primarily Italy. The founder’s purpose was typically to preserve a property within the family for all time by protecting it from being divided during inheritance.

Property held under fideikommiss is formally owned by the holder (the fideikommissarie), but with limited rights of disposal: for example, the property may not be sold or mortgaged without government permission. If such permission is granted, the capital must be retained within the fideikommiss according to the principle that the holder may benefit only from its income, not from its substance.

In Sweden, the right to establish fideikommisses was regulated by the Testament Statute of 1686. Although fideikommisses had existed prior to that, it was not until then that they were codified in law. Most Swedish fideikommisses were established in the second half of the 18th century. In 1810, the creation of new fideikommisses involving real estate was prohibited, though moveable property could still be placed under fideikommiss until 1930.

How it worked

A fideikommiss is created by the founder drafting a charter, typically in the form of a will. This document specifies the property and the rules of succession. This means that a fideikommiss is not, in the formal sense, an inheritance from the previous holder, but is governed entirely by the charter. A fideikommiss may be passed to someone who is not the legal heir according to Sweden’s inheritance laws. Most commonly, Swedish fideikommisses have passed from father to eldest son. However, there are cases where fideikommisses have passed through the female line or followed other succession rules. Women have also played a significant role as founders—about one-third of fideikommisses established between 1686 and 1770 were founded by women.

Who could establish a fideikommiss?

Anyone could establish a fideikommiss. It was not an aristocratic privilege, although most founders belonged to the nobility. One restriction was that the land placed under fideikommiss could not be inherited—it had to be land the founder had acquired independently. Unlike in some other countries, Swedish fideikommisses were never state-granted fiefs.

The Law on Dissolution

The future of fideikommisses was debated for a long time. In 1963, the Swedish parliament passed the law on their dissolution. The main rule of this law is that a fideikommiss must be dissolved when the person holding it at the time the law came into effect dies. The property is then to be distributed according to the rules in the dissolution law, which means that the person who would have inherited the fideikommiss gets half of the estate, while the other half is distributed as if it were the private estate of the last fideikommiss holder.

Exceptions

However, when the law was passed, it was already recognized that dissolving fideikommisses could lead to great damage to cultural heritage. Therefore, it was decided that the government would have the right to allow a fideikommiss charter to remain valid if it was deemed to serve the public interest.

Additionally, it is possible to form so-called fideikommiss limited companies (fideikommissaktiebolag). These companies aim to preserve fideikommiss estates intact in order to safeguard cultural values deemed to be in the public interest. Several such companies have been formed, but the government cannot establish them unilaterally—they must be initiated by the successor or the current fideikommissarie. The option for extending a fideikommiss has been used by the government on a few occasions, when it has been considered the best way to safeguard public interests.