In Swiss inheritance law, the freely disposable quota (also known as the disposable portion or freie Quote) is the share of the estate over which a testator can freely dispose via a will or inheritance contract without infringing upon statutory forced shares (Article 470 of the Swiss Civil Code - CC). This portion can be bequeathed to any individual, cohabiting partner, friend, or charitable organization.

Key Takeaways under the 2023 Swiss Inheritance Law Reform:

  • Increased Testator Freedom: The statutory forced share (Pflichtteil) for children was reduced from 3/4 to 1/2 of their statutory portion, while parents' forced shares were abolished entirely.
  • Spouse & Children: When leaving a surviving spouse and children, the freely disposable portion is now 1/2 (50%) of the entire estate (up from 3/8).
  • Protection for Cohabitants: Cohabiting unmarried partners can now receive a significantly larger portion of the estate through testamentary disposition.
  • Reviewed and verified under the Swiss Civil Code (2023 Reform) by the OnlineDokument.ch Legal Team.

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1. Calculating the Freely Disposable Quota in Switzerland

The exact proportion of the disposable quota depends entirely on the family structure surviving the testator. A person who leaves neither a spouse nor children has a freely disposable quota of 100% (1/1) of their estate.

2. Overview Table: Statutory Shares & Disposable Quota (2023 Reform)

Surviving Heirs Statutory Intestate Share Forced Shares (Pflichtteile) Freely Disposable Quota
Spouse + Children Spouse 1/2, Children 1/2 Spouse 1/4, Children 1/4 (Total 1/2) 1/2 (50%)
Children Only (No Spouse) Children 1/1 Children 1/2 1/2 (50%)
Spouse Only (No Children) Spouse 3/4, Parents 1/4 Spouse 3/8, Parents 0 5/8 (62.5%)
No Spouse, No Children Parents / Siblings 0 (No forced share) 1/1 (100%)

Estate Planning Tip: Protect your chosen beneficiaries without violating forced portions using our verified Swiss Will Template and Instructions Guide.

3. Consequences of Breaching Forced Shares

Bequeathing more than the freely disposable quota does not automatically invalidate a will. Disadvantaged statutory heirs must file an Action for Abatement (Art. 522 CC) in court within one year of learning about the infringement to recover their statutory minimum.

4. Comprehensive Legal Protection in Switzerland

To ensure total personal and financial security beyond the will, drafting a Swiss Advance Healthcare Directive guarantees that your medical treatment preferences are respected if incapacity occurs. Setting up a General Power of Attorney allows a designated representative to manage daily legal and financial matters. Furthermore, documenting intra-family loans via an Acknowledgment of Debt establishes clear accounting for the probate estate.

Frequently Asked Questions

Can I disinherit a child completely using the free quota?

No. Under Swiss law, children retain a statutory forced share of 50% of their statutory portion (Art. 471 CC), which cannot be revoked without specific grounds for disinheritance (Art. 477 CC).

Do parents still have forced shares after the 2023 reform?

No. As of January 1, 2023, parents no longer have any statutory forced share protection, allowing testators to allocate those assets freely.

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