Wills and inheritance in Switzerland: what you need to know
Inheritance law is federal: these rules are identical in every canton, only the body that receives a deposited will or issues a certificate of inheritance changes. This guide explains the framework so you know what to ask for - it doesn't replace a notary or a lawyer once your situation goes beyond the ordinary (real estate, a business, heirs abroad, a blended family).
1. Without a will, the law decides for you
In the absence of a will, the Civil Code itself designates your heirs and their shares: your spouse or registered partner, your descendants, failing that your parents. Two consequences are regularly discovered too late. The first: an unmarried partner never inherits by default, no matter how long the couple has lived together. The second: siblings or cousins can inherit in certain configurations, even though they could be excluded by a will.
2. The holographic will: simple, and often botched
This is the most accessible form, with no notary needed: it must be written entirely by hand by you, dated and signed. A typed text, even if signed, is void - and by far the most common mistake. You remain free to change or destroy it at any time. Keep it somewhere it will actually be found: a perfect will that no one finds has no effect. Depositing it with your canton's competent authority or with a notary is possible.
3. Forced heirship shares, revised since 2023
Your freedom isn't total: certain heirs are entitled to a protected minimum share, the forced heirship share. Since the reform of inheritance law that took effect on 1 January 2023, the descendants' forced share was reduced to half of their statutory share, the spouse's or registered partner's share remains half of their statutory share, and parents no longer have a forced share at all. In practice, the portion you can freely dispose of is considerably larger than before - so a will written before 2023 deserves a second look.
4. The 2nd and 3rd pillar fall outside the will
A rarely known point with real consequences: the capital in your pension fund and your 3rd pillar isn't part of the estate in the ordinary sense. It goes to the beneficiaries designated in the fund's regulations or in the contract, following an order set by law. Writing a will therefore isn't enough: you need to separately check, and update after a marriage, divorce or birth, the beneficiary clauses with each institution.
5. Advance directives and a mandate for incapacity
These are the two documents that keep your loved ones from having to rely on the adult protection authority if you become incapable of judgment. Advance directives cover medical care: they state which treatments you accept or refuse and designate the person authorized to decide on your behalf; they must be written, dated and signed, and your doctor and loved ones must be informed. The mandate for incapacity is broader: it designates who manages your personal, administrative and financial affairs, and follows the same formal rules as a will - either entirely handwritten, dated and signed, or executed before a notary.
6. When a loved one dies: the order of steps
When death occurs in a care facility, the certificate is issued on site and the report to the civil registry office of the place of death is made by the facility or the funeral home; at home, call the treating doctor or emergency services to have the death certified. The civil registry then issues the death certificate, which every other step will require: request several copies right away. Next come the compensation office (survivors' pensions, repayment of pensions paid after death), the pension fund, insurers, banks, the employer, the landlord, and subscriptions.
7. The caution that matters most
If the estate could be in debt, know that the deadline to renounce it is short - three months - and that certain actions count as tacit acceptance. Don't empty the home and don't dispose of any property before the situation is clarified. When in doubt, talk to a notary before acting: it's the one point in this guide where waiting costs less than getting it wrong.
Official sources
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