German
French
Under Swiss inheritance law (Art. 457 et seq. of the Swiss Civil Code / ZGB), unmarried couples and cohabitants have zero statutory inheritance rights. Regardless of whether you have lived together for five years or thirty years, Swiss law treats unmarried partners as unrelated third parties upon death. Without a legally valid will, the surviving partner will receive nothing, and your entire estate will pass to your biological children or birth family.
However, following the landmark Swiss inheritance law reform of 2023, testators enjoy significantly greater testamentary freedom. By eliminating statutory shares for parents and reducing children's forced portions, you can now allocate your freely disposable quota (freie Quote / quotité disponible) to securely protect your unmarried partner.
Key Takeaways at a Glance:
- Statutory Right: 0 CHF. An unmarried partner has no legal claim to your estate without an explicit holographic will.
- Freely Disposable Quota (2023 Reform): You can freely leave up to 50% of your estate to your cohabitant if you have children, and 100% if you have no children.
- Critical Healthcare Directive: To grant your partner medical representation rights during lifetime incapacity, execute an Advance Healthcare Directive alongside your will.
Protect Your Unmarried Partner Under Swiss Law
Download our attorney-verified Swiss Will Template and Step-by-Step Guide to ensure your holographic will meets all legal requirements and prevents forced heirship disputes.
Download Swiss Will Template & Guide1. The Legal Reality for Cohabitants in Switzerland
Unlike marriage or registered partnerships, Swiss law does not recognize cohabitation as a legal status for inheritance. If you wish to ensure that your home, savings, or specific assets pass to your partner, you must draft an entirely handwritten (holographic) will pursuant to Art. 505 ZGB, signed and dated by your own hand.
2. How the 2023 Reform Expands Partner Protection
Understanding the Swiss statutory shares and forced heirship rules allows you to maximize your partner's share without violating protected rights:
| Family Circumstance | Protected Statutory Shares (Pflichtteil) | Available Quota for Cohabitant |
|---|---|---|
| Testator has children | 1/2 of estate reserved for children | 1/2 (50% of total estate) |
| Testator has parents (no children) | 0 CHF (parental reserve abolished 2023) | 100% of total estate |
| No children and no parents | 0 CHF (siblings have no forced share) | 100% of total estate |
Practical Tip: You can also grant your partner a lifelong right of residence (Wohnrecht) or usufruct (Nutzniessung) over your residential property to ensure they are never displaced by other heirs. Our Swiss Will Template & Guide includes clear phrasing models for these clauses.
3. Appointing an Heir vs. Leaving a Bequest (Legat)
- Instituting as Co-Heir (Art. 483 ZGB): You designate your partner for a fractional share of your overall estate (e.g., 50%). They join the community of heirs and participate directly in estate division.
- Granting a Specific Bequest / Legacy (Art. 484 ZGB): You transfer a specific sum of money (e.g., CHF 100,000) or property. The legatee does not inherit estate liabilities and holds a direct claim against the estate.
4. Cantonal Inheritance Tax Considerations for Unmarried Partners
While married spouses are entirely exempt from inheritance tax in all Swiss cantons, unmarried partners are treated as non-relatives in most cantons, with tax rates ranging between 15% and over 40%. Some cantons (such as Zurich, Bern, and Lucerne) provide reduced rates or exemption allowances if you have cohabited for a proven minimum duration (typically 5 years).
Frequently Asked Questions
Can an unmarried couple draft a joint will in Switzerland?
No. Joint wills on a single document are strictly invalid under Swiss law. Each partner must write, date, and sign their own separate holographic will.
Does a will grant medical decision-making rights to my partner?
No. A will takes effect only after death. In the event of a medical emergency or coma, hospitals will not recognize an unmarried partner without an Advance Healthcare Directive.
Can my cohabiting partner receive my Swiss pension fund (2nd pillar)?
Pension funds (Pensionskasse) do not form part of the estate. To ensure your partner receives a survivor benefit, you must register your cohabitation directly with your pension fund provider during your lifetime.
Secure Your Partner's Financial Future Today
Download our verified template and comprehensive guide to write a legally watertight Swiss holographic will.
Download Swiss Will Template & Guide