Under Swiss inheritance law (Articles 470 and 471 of the Swiss Civil Code - ZGB/CC), forced heirship rules (known in German as Pflichtteil and in French as réserve héréditaire) guarantee that certain legal heirs cannot be entirely disinherited. On January 1, 2023, Switzerland enacted a major inheritance law reform that substantially lowered statutory shares for children and completely abolished forced heirship for parents, giving testators unprecedented freedom over their estates.

When drafting a Swiss last will, you must structure your bequests around these updated statutory quotas. While a will that breaches statutory shares is not automatically null, affected heirs have the legal right to challenge the will in Swiss civil court through an abatement claim (Herabsetzungsklage / action en réduction under Art. 522 ZGB) within one year.

Key Highlights of the 2023 Swiss Inheritance Law Reform:

  • Children & Descendants: Statutory share reduced to 1/2 (50%) of their statutory inheritance claim (down from 3/4 or 75%).
  • Parents: Completely removed from forced heirship protection (0%).
  • Surviving Spouse / Registered Partner: Statutory share remains unchanged at 1/2 (50%) of their statutory claim.
  • Freely Disposable Quota: Testators can now freely allocate up to 50% of their total estate to unmarried partners, stepchildren, friends, or charitable foundations.
  • Legal Verification: Reviewed and verified under the Swiss Civil Code (2023 Reform) by the OnlineDokument.ch Legal Team.

Draft a Legally Compliant Swiss Will Without Breaching Quotas

Download our attorney-reviewed Swiss Will Template & Step-by-Step Instructions Guide to ensure your handwritten will respects all 2023 statutory requirements.

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1. Swiss Statutory Shares Overview & 2023 Reform Comparison

To determine what portion of your estate is legally protected, Swiss law distinguishes between the statutory claim (intestate distribution) and the forced share. For complete foundational rules on structuring your will, review our master guide How to make a legally valid last will and testament in Switzerland?.

Heir Category Intestate Entitlement Pre-2023 Statutory Share Post-2023 Share (Current)
Children / Descendants 100% (alone) or 50% (with spouse) 3/4 of statutory claim 1/2 of statutory claim (50%)
Surviving Spouse / Partner 50% (with children) or 75% (with parents) 1/2 of statutory claim 1/2 of statutory claim (50%)
Parents Only if no descendants exist 1/2 of statutory claim 0% (Completely abolished)
Cohabitants / Unmarried Partners 0% (no automatic rights) 0% 0% (Protected via will only)

Practical Tip for Expats: Unmarried partners have zero statutory rights under Swiss intestate law. The 2023 reform allows you to leave up to 50% of your total estate to your partner by reducing children to their statutory minimum. With our Swiss Will Template & Step-by-Step Instructions Guide, you can implement these clauses accurately and avoid costly legal errors.

2. Formal Validity vs Notarial Costs

You do not need an expensive Swiss notary to implement statutory share reductions. In Switzerland, a holographic handwritten will carries identical legal validity to an official notarial deed (see our guide Do I need a notary to make a will in Switzerland?) while saving up to CHF 2,500 in fees (How much does it cost to make a will in Switzerland?).

However, you must strictly satisfy handwriting requirements under Art. 505 ZGB, as explained in Is a handwritten will required in Switzerland?.

3. Step-by-Step: Incorporating Statutory Quotas in Your Swiss Will

  1. List Protected Heirs: Identify all living descendants and your surviving spouse.
  2. Calculate the Disposable Share: Determine the exact percentage of your estate you wish to allocate freely.
  3. Use Exact Legal Phrasing: Apply clear boilerplate wording from our guide to reduce heirs to their statutory minimum where desired.
  4. Handwrite Entire Document: Under Art. 505 ZGB, write the complete text by hand, include place and date, and sign at the bottom.

Recommended Swiss Legal Guides:

Frequently Asked Questions

What happens if a will infringes on a statutory share?

The will remains valid unless contested. An heir whose statutory share is violated must initiate an abatement lawsuit (Art. 522 ZGB) in Swiss civil court within one year of becoming aware of the breach to recover their protected portion.

Can you completely disinherit a child in Switzerland?

Full disinheritance (Art. 477 ZGB) is permissible only under severe circumstances, such as when an heir committed a serious criminal offense against the testator or closely related persons, or severely failed in their family obligations. Personal estrangement is not sufficient.

Do wills written before 2023 need to be updated?

Pre-2023 wills remain legally valid, and any death occurring after January 1, 2023, is evaluated under the new quotas. However, reviewing older wills is strongly recommended to ensure standard clauses still reflect your actual intent under the revised legal definitions.

Secure Your Estate with Swiss Legal Certainty

Download the attorney-approved Swiss Will Template & Instructions Guide now to draft your handwritten will in full compliance with current Swiss law.

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