Can I freely decide who inherits in Switzerland?
Partly — you can freely dispose of the free quota, but forced portions stay protected. Inheritance law (ZGB) has a statutory order of heirs and protects certain heirs with a forced portion (Pflichtteil). What remains after the forced portions is the freely disposable quota. The reform of 1 January 2023 cut the descendants' forced portion from 3/4 to 1/2 and abolished the parents' forced portion; the spouse's or registered partner's forced portion stays 1/2. This increases the free quota. A handwritten will must be entirely handwritten, dated and signed (ZGB 505). In short: yes, within the free quota — forced portions remain.
📋 The rules
- Forced portions protect certain heirs; rest = free quota
- Since 2023: children's forced portion 1/2 (was 3/4)
- Parents' forced portion abolished
- Spouse/registered partner: forced portion 1/2
- Handwritten will: handwritten, dated, signed
🔓 Exceptions
- Cohabiting partner: no statutory inheritance right — name in a will
- Public will before a notary + 2 witnesses as an alternative
- Inheritance tax is cantonal (spouse/children often exempt)
⚠️ Penalties & fines
This isn't about fines, but a formally invalid will (e.g. not handwritten, undated or unsigned) can be void. If a disposition breaches the forced portions, the protected heirs can challenge it by an action in abatement. Beware a myth: "my cohabiting partner inherits automatically" is false — without a will they have no statutory inheritance right. Tip: write a handwritten will entirely by hand, dated and signed — or make a public will before a notary, especially in more complex families.
📎 Official sources
- ch.ch · inheritance: who inherits how much →
- admin.ch · inheritance-law reform 2023 →
- Fedlex · Civil Code (ZGB) →
❓ Frequently asked
Can I freely decide on my estate?
Only partly. You can freely dispose of the freely disposable quota, for example in favour of any person or institution. But the forced portions of certain heirs, above all children and the spouse, stay protected and can't simply be taken away from them.
What did the 2023 reform change?
Since 1 January 2023 the descendants' forced portion is only half their statutory entitlement instead of three quarters, and the parents' forced portion has been abolished entirely. As a result the freely disposable quota has grown, for example in favour of a partner.
How do I write a valid will?
A handwritten will must be entirely written by hand, dated with the day, month and year, and signed. Alternatively you can make a public will before a notary and two witnesses. If a formal requirement is missing, the will can be invalid, so follow the form carefully.
Does my cohabiting partner inherit automatically?
No. Cohabiting partners have no statutory inheritance right. If you want to benefit your partner, you must name them expressly in a will or inheritance contract, within the freely disposable quota. Note too that inheritance tax for non-relatives can be high, depending on the canton.
Is there an inheritance tax?
The substantive inheritance law is federal, but inheritance tax is cantonal. Spouses and direct descendants are exempt in many cantons, while more distant relatives or non-relatives can face high rates. Check the rules of your canton of residence for the tax position.
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