Protect your assets. Plan ahead.
To be valid under Swiss law, a will must meet certain legal requirements.
To avoid complications for your heirs and ensure your wishes are respected, here are 10 key elements to keep in mind:
- Statutory reserves
Your spouse and children are entitled to a minimum share of your estate. For example, if your spouse and child outlive you, they must each receive at least ¼ of your estate. The remaining half, i.e. the disposable share, is yours to distribute freely.
- The disposable share
You can freely assign this part to other heirs or beneficiaries, such as individuals, charities, or institutions.
- Unmarried partners
Swiss law does not offer any inheritance rights to unmarried partners. An unmarried partner can therefore be provided for through the disposable share. If, for example, you leave behind your partner and a child, the disposable share would be of ¾ of your estate.
- Matrimonial Property Regime Impact
Under Swiss law, the matrimonial property regime must be liquidated before the estate can be distributed. Your choice of regime therefore has a significant effect on what is inherited.
- Favouring your spouse
Should you wish to grant more than the disposable share to your surviving spouse, you may grant them the usufruct of your descendants’ statutory reserve, while allocating bare ownership to your children.
- Appointing an Executor
This is not mandatory but strongly recommended. An executor ensures your wishes are respected and reduces the risk of family disputes.
- Foreign Assets
Owning property abroad may trigger foreign legal rules to apply. Cross-border estate planning is essential.
- Gifts and advance distribution
Gifts to your descendants are generally subject to hotchpot (i.e. taken into account when calculating their inheritance), unless you expressly instruct otherwise.
Gifts to your spouse or parents, on the other hand, are included in the estate only if you expressly require their inclusion.
- Digital Assets
To ensure your heirs are aware of any digital assets you may have, we recommend including all relevant information about your digital assets in your will or in a sealed addendum that can only be opened after your death.
- Review your will regularly
Family situations and laws change. Update your will regularly to ensure it remains up to date.
Our legal team offers personalised advice and helps you create legally valid wills under Swiss law.
