How can foreigners in Switzerland choose their home country's inheritance law (Professio juris)?

Foreign citizens residing in Switzerland have the valuable legal right to submit their estate to the inheritance laws of their country of citizenship rather than Swiss succession law. Known in private international law as Professio juris (enshrined in Articles 90 and 91 of the Swiss Federal Act on Private International Law / PILA / IPRG), this option allows expats to bypass rigid Swiss statutory forced heirship shares (Pflichtteile) and distribute their worldwide assets according to their home jurisdiction's rules.

To be legally enforceable, the choice of foreign law must be explicitly declared in a formally valid testamentary disposition. If an expat passes away without specifying their choice of law or writing a valid testament, the estate will automatically default to Swiss intestate succession laws (find out what happens when an expat dies in Switzerland without a will). For foreign nationals from common law jurisdictions (such as the UK, United States, Canada, or Australia) where complete testamentary freedom exists, electing home country law ensures that unmarried partners or stepchildren receive substantial bequests without triggering forced heirship claims.

1. How Professio Juris Operates Under Swiss Law (Art. 90 PILA / IPRG)

Under default Swiss conflict-of-law rules, if a foreigner dies domiciled in Switzerland without expressing a choice of law, their entire estate is governed by the Swiss Civil Code (ZGB). This means strict statutory shares apply: 50% of the statutory share must go to surviving children, and 50% to a surviving spouse.

By inserting an explicit Professio juris clause in your Swiss will, you designate the legal system of your nationality. For example:

“In accordance with Article 90, paragraph 2 of the Swiss Private International Law Act (PILA / IPRG), I hereby declare that my entire estate shall be governed by the laws of England and Wales [or the State of New York / Australia / applicable jurisdiction] of which I am a national.”

Keep in mind that under Swiss statutory rules, a will cannot simply be printed from a word processor—learn why a computer-typed or printed will is legally void in Switzerland and why following holographic handwritten execution rules is mandatory.

2. Important Rules for Dual Citizens (Swiss + Foreign Passport)

If you hold both Swiss citizenship and a foreign nationality (e.g., Swiss-British or Swiss-American dual citizen), Article 90 paragraph 2 of PILA does not allow you to choose foreign law over Swiss law while living in Switzerland. For Swiss citizens, Swiss inheritance law applies mandatorily to their Swiss domicile estate. Follow our foundational guide on how to make a legally valid will in Switzerland to structure your estate properly.

3. Step-by-Step: How to Execute an Expat Will in Switzerland

1. Step 1 – Verify Citizenship Status: Confirm that you hold foreign nationality and do not possess Swiss citizenship if opting out of Swiss forced heirship.
2. Step 2 – Obtain the Verified Template: Download the OnlineDokument.ch Swiss Will Template containing bilingual Choice of Law clauses.
3. Step 3 – Write the Entire Will by Hand: Under Art. 505 ZGB, copy the text entirely in your own handwriting, specifying your citizenship, date, place, and full signature.
4. Step 4 – Deposit with Local Cantonal Authorities: Submit the sealed original to your communal or cantonal deposit registry (e.g. Erbschaftsamt or Justice de paix).

Frequently Asked Questions