Writing a will is one of the more important tasks in life. With good planning, you can create clarity for your loved ones and ensure that your estate is distributed according to your wishes. This guide will help you draw up a valid will in accordance with Swiss law.
Crafting Your Last Will: Why a Testament is Important in Switzerland
Creating your own testament is an important step to ensure your wishes will be respected after your death. A clear inheritance arrangement gives you security, provides clarity for those left behind, and helps to avoid conflicts.
This guide explains the essential aspects of creating a testament under Swiss law. Learn about your options and what you need to consider to validly record your last wishes.
Important note: The information in this article serves as general guidance and does not replace professional legal advice. Especially with complex family relationships or substantial assets, it is essential to consult with a notary or a lawyer specializing in inheritance law to find a solution tailored to your personal situation.
Why Create a Testament? Determine Your Own Estate
Without a testament or inheritance contract, the statutory succession of the Swiss Civil Code (ZGB) automatically applies. This means the law determines who your heirs are and what share they receive. However, this regulation often does not correspond to personal wishes or needs.
With a testament, you take control yourself. You can:
- Choose your heirs freely: Within legal constraints (especially compulsory portions), you can determine who should inherit your assets and in what proportions. You can also favor people who would not inherit anything by law (e.g., friends, godchildren, charitable organizations).
- Specifically allocate assets: You can determine who should receive certain items (e.g., a piece of jewelry, a property).
- Arrange guardianship: If you have minor children, you can propose a person in your testament who should take over guardianship in the event of your death (the Child and Adult Protection Authority KESB will review the proposal but generally follows it).
- Prevent disputes: Clear instructions can help reduce uncertainties and potential conflicts among heirs.
- Record personal wishes: You can give instructions for your funeral or make arrangements for the care of your pets.
A testament thus gives you the opportunity to exert influence beyond your lifetime and ensure that your last wishes are respected.
What Happens Without a Testament? Statutory Succession in Switzerland
Without a testament or inheritance contract, the Swiss Civil Code (ZGB) regulates the distribution of the estate. This is called statutory succession. It is based on the degree of kinship and follows a system of parentela (orders).
The most important rules of statutory succession are:
- First Parentela (Order): The Descendants
- The direct descendants (children) inherit in equal shares.
- If a child has predeceased, their children (grandchildren of the testator) take their place.
- The Surviving Spouse or Registered Partner
- Inherits half (1/2) of the estate alongside descendants.
- Inherits three-quarters (3/4) of the estate alongside heirs of the second parentela (parents and their descendants).
- Inherits the entire estate if no heirs of the second parentela are present.
- Second Parentela (Order): The Parental Line
- If there are no descendants, the parents each inherit half.
- If a parent has predeceased, their descendants (siblings or nieces/nephews of the testator) take their place.
- Third Parentela (Order): The Grandparental Line
- If neither descendants nor heirs of the parental line are present, the grandparents and their descendants inherit.
Important: This legal order does not consider individual relationships or wishes. Life partners without registered partnership receive nothing, as do stepchildren or close friends, unless they are provided for in a testament. If you want to deviate from this standard arrangement, a testament or inheritance contract is essential.
Your Estate Planning Options in Switzerland
To deviate from statutory succession and regulate your estate according to your wishes, there are two main instruments in Swiss law: testament and inheritance contract.
The Testament (Last Will)
The testament is a unilateral disposition: You alone determine what should happen after your death. You can change or revoke it at any time as long as you are mentally competent. There are two main forms:
1. The Holographic (Handwritten) Testament
This is the most common and simplest form. For it to be valid, you must observe the following formal requirements according to Art. 505 ZGB:
- Completely handwritten: The entire testament must be written from beginning to end in your own handwriting. A computer-typed text that is only signed is invalid!
- Date: It must contain the complete date of creation (day, month, and year).
- Signature: You must sign the testament at the end of the text.
- Requirements: You must be at least 18 years old and mentally competent.
Advantages: Easy to create, no costs, discreetly changeable at any time.
Disadvantages: Risk of formal errors (invalidity), unclear formulations, loss or suppression with insecure storage.
Attention: Failure to comply with the formal requirements (handwriting, date, signature) leads to the invalidity of the testament!
2. The Public Testament
This form offers the highest legal certainty. The procedure is regulated in Art. 499 ff. ZGB:
- Creation by public official: You declare your last will to a cantonally recognized official (usually a notary). This person records your will in writing.
- Reading and approval: The official reads the testament to you. You confirm with your signature that it corresponds to your will.
- Witnessing: Two independent witnesses, who are not beneficiaries in the testament and do not need to know the content, confirm with their signature that you have acknowledged the testament as your will and that you appeared mentally competent.
Advantages: Maximum legal certainty, professional advice from the official, minimizes risk of formal errors or ambiguities, secure storage often included.
Disadvantages: Subject to fees (notary fees), more elaborate than the holographic testament.
The Inheritance Contract
Unlike the unilateral testament, the inheritance contract (Art. 494 ff. ZGB) is a contractual agreement between you (the testator) and one or more other persons (e.g., heirs).
- Binding effect: An inheritance contract can only be changed or cancelled if all contracting parties agree (or under special legal conditions). It thus creates a strong bond and security for those involved.
- Formal requirements: An inheritance contract, like the public testament, must be publicly notarized by an official, with the participation of two witnesses.
- Typical applications: Couples often conclude a combined marriage and inheritance contract. It is also used to make binding agreements, e.g., when someone is to be appointed as an heir in return for care or a farm transfer.
The choice between testament and inheritance contract depends heavily on your personal situation and goals. An inheritance contract creates more commitment but restricts your later freedom more than a testament.
Understanding Swiss Inheritance Law: The Compulsory Portions
Even though you can basically dispose of your assets freely in your testament, Swiss inheritance law sets certain limits. The so-called compulsory portion protection (Art. 470 ff. ZGB) guarantees certain close relatives a minimum share of your estate, which you cannot deprive them of without valid reason (such as a serious criminal offense against you, see grounds for disinheritance Art. 477 ZGB).
These heirs protected by compulsory portions and their quotas were adjusted with the inheritance law revision as of January 1, 2023:
- Descendants (children, grandchildren): Their compulsory portion is now half (1/2) of their statutory inheritance claim. (Before 2023, it was 3/4).
- Surviving spouse / registered partner: Their compulsory portion remains half (1/2) of their statutory inheritance claim.
- Parents: The compulsory portion for parents has been abolished with the revision. They are no longer among the heirs protected by compulsory portions.
Example: You leave behind a spouse and two children. According to statutory succession, the spouse would inherit 1/2 and the children 1/4 each. The compulsory portion of the spouse is half of that (i.e., 1/4 of the entire estate). The compulsory portion of each child is half of their statutory share (i.e., 1/8 of the entire estate each). Together, the compulsory portions in this case amount to 1/4 + 1/8 + 1/8 = 1/2 of the estate.
The Disposable Quota
The part of your estate that remains after deducting all compulsory portions is referred to as the disposable quota. You can dispose of this part entirely freely in your testament. You can:
- Additionally give it to your heirs protected by compulsory portions (beyond their compulsory portion).
- Give it to other persons (friends, godchildren) or organizations (e.g., charitable associations).
- Use it for the fulfillment of conditions or legacies.
Effect of the Inheritance Law Revision 2023: Due to the reduction of the compulsory portion of descendants and the elimination of the compulsory portion of parents, the freely disposable quota has increased for many testators. This gives you more flexibility in planning your estate.
The calculation of compulsory portions and the disposable quota can be complex, especially with patchwork families or when gifts made during lifetime need to be considered. Professional advice is often beneficial here.
Checklist: What Belongs in a Swiss Testament?
This checklist helps you remember the most important points when creating your testament. For a holographic testament: Everything must be handwritten!
- Heading: Clearly mark as "Testament" or "Last Will".
- Your Personal Details:
- Full name (all first names, last name)
- Date of birth
- Place of origin/citizenship (as per passport/ID)
- Current residential address
- Clear Intent: A clear introduction, e.g., "I, [Your Name], hereby dispose of my estate as follows:"
- Revocation of Previous Dispositions: A clause like "I hereby completely revoke all my previous testamentary dispositions (testaments, inheritance contracts)." (Important to avoid conflicts with old documents).
- Appointment of Heirs:
- Whom do you appoint as heirs? (Names, ideally also date of birth and address for clear identification).
- In what proportions (quotas, e.g., "in equal parts", "to 1/2", "to 1/4")?
- Consider the compulsory portions!
- Legacies: (Optional)
- Would you like to give certain persons or organizations individual assets or sums of money without them becoming heirs? (e.g., "My godchild [Name] receives my car.", "The animal protection association [Name, Location] receives CHF 5,000.")
- Substitute Heirs (Substitute Disposition): (Recommended)
- Who should inherit if one of your appointed heirs dies before you? (e.g., "Should my son [Name] die before me, his children take his place.")
- Executor: (Optional, but often sensible)
- Would you like to appoint a person or institution to handle your estate according to your will? (State name and address). Check beforehand if the person would accept the mandate.
- Division Instructions/Conditions: (Optional)
- Do you have special wishes for the division of certain goods?
- Would you like to attach conditions to the inheritance (e.g., completion of an education)? Be careful here, unclear or immoral conditions can be invalid.
- Personal Wishes: (Optional)
- Instructions for the funeral (type, location – although these are often better recorded separately in a funeral directive, as the testament may only be opened later).
- Arrangements for the care of pets.
- Place and Date: Be sure to indicate the place and complete date (day, month, year) of creation at the end of the testament.
- Handwritten Signature: Your complete signature at the end of the entire text.
This list serves as a guide. Depending on the complexity of your situation, other points may be relevant. When in doubt, professional advice is worthwhile.
Template: Simple Holographic Testament
Important note: This is only a highly simplified example! It must be adapted to your personal situation and completely handwritten. It does not replace legal advice. For complex circumstances or uncertainties, please consult a notary or lawyer.
Testament
I, [Your full name], born on [Your date of birth],
from [Your place of origin/citizenship, e.g., Zurich ZH],
residing at [Your current address, street, postal code, location],
hereby dispose of my estate as follows:
1. I hereby completely revoke all my previous testamentary dispositions, particularly testaments or inheritance contracts.
2. I appoint as my sole heirs:
[Option A: Single heir]
- My spouse, [Name of spouse], born on [Date of birth], residing at [Address].
[Option B: Multiple heirs in equal parts]
- My children, [Name Child 1], born on [Date of birth], and [Name Child 2], born on [Date of birth], in equal parts.
[Option C: Multiple heirs in different parts - Consider compulsory portions!]
- My spouse, [Name of spouse], to 1/2 (half) of my estate.
- My daughter, [Name of daughter], to 1/4 (one quarter) of my estate.
- My son, [Name of son], to 1/4 (one quarter) of my estate.
[Insert your desired heir appointment clearly and unambiguously here. List names, ideally dates of birth, and shares.]
3. [Optional: Legacies]
My godchild, [Name of godchild], born on [Date of birth], residing at [Address], receives as a legacy my [object, e.g., desk].
[Insert any legacies here.]
4. [Optional: Substitute Disposition]
Should one of the heirs I have appointed die before me, their share shall [choose an option, e.g.: pass to their own descendants / accrue to the other appointed heirs in equal parts].
5. [Optional: Executor]
I appoint Mr./Ms. [Name of executor], born on [Date of birth], residing at [Address], as executor. Should he/she not be able or willing to accept the mandate, I appoint [Name of substitute person/institution] as a substitute.
6. [Optional: Funeral Wishes]
I wish [e.g., a ground burial / cremation with burial in the family grave / an anonymous burial].
[Place], [Day]. [Month] [Year] (e.g., Zurich, 13th April 2025)
[Your handwritten signature]
(First name Last name)
Remember: The entire document, including place, date, and signature, must be personally handwritten by you to be valid as a holographic testament!
Practical Aspects: Storage, Costs, and Executor
Besides the content of the testament, some practical points are also important to ensure your last will is properly implemented.
A. Secure Storage of the Testament (Storage)
A testament is only useful if it is found after your death and submitted to the appropriate authority. The following storage options are available in Switzerland:
- Official Deposit (Recommended): You can deposit your testament (especially a holographic one) with the responsible cantonal authority for official safekeeping. This is often the district court, the notary's office, or a special office of the canton of residence. This is the safest method, as the testament is guaranteed to be found and opened. A small fee applies.
- With the Notary: If you have created a public testament or an inheritance contract, the notary usually keeps a copy or the original safe. You can also deposit a holographic testament with a notary (for a fee).
- Bank Safe Deposit Box: Possible, but not ideal. After your death, it may take time for the heirs to gain access to the safe deposit box, which can delay the opening of the testament. In addition, someone needs to know that the testament is located there.
- At Home: The most insecure option. The testament could be lost, destroyed in a fire, accidentally disposed of, or concealed by someone who is disadvantaged. If you keep it at home, be sure to inform a trusted person about the exact location.
B. Cost Overview (Costs)
The costs for arranging your estate vary greatly:
- Holographic Testament: The creation itself is free. Costs only arise if you have it officially deposited (small fee, varies by canton, often about CHF 50 - 150) or if you seek advice when drafting it.
- Public Testament / Inheritance Contract: Notary fees apply here. These are regulated by canton and depend on the effort and sometimes on the value of the estate. Expect costs between approximately CHF 400 and CHF 1500 or more, depending on complexity.
- Executor's Fee: If you appoint an executor, they are entitled to appropriate compensation for their work, which is paid from the estate. This is often calculated based on time spent or a percentage of the estate's value.
C. The Executor
An executor is a person or institution (e.g., a bank or trust company) whom you appoint in your testament to handle your estate according to your instructions.
- Tasks: They take possession of the estate, manage it, pay debts and taxes, distribute legacies, and finally divide the inheritance among the heirs according to the testament.
- When advisable? Particularly recommended for:
- Complex asset situations (real estate, company shares, foreign assets).
- Potential conflicts among the heirs.
- Inexperienced heirs or heirs living abroad.
- The desire to relieve the heirs.
- Appointment: You must clearly name the executor in the testament (name, address). It is advisable to ask beforehand if the desired person would accept the mandate and to also name a substitute person.
Changing or Revoking a Testament
Your life circumstances and wishes may change. Therefore, it is important to know that you can adjust or completely revoke your testament at any time, as long as you are mentally competent. For an inheritance contract, however, stricter rules apply (approval of all parties required).
To change or revoke a testament, you have the following options:
- Create a new testament: The safest way is to draft a completely new testament. This must also comply with the formal requirements (holographic or public). It should definitely contain a clause that revokes all previous testaments (e.g., "I hereby revoke all my previous testamentary dispositions.").
- Destroy the testament: You can revoke a holographic testament by physically destroying the original document (e.g., tearing, burning). Make sure no valid copies remain that could lead to ambiguities. For a publicly certified or officially deposited testament, destroying a copy is not sufficient; a formal revocation or a new testament is necessary here.
- Addition or amendment (Testamentary codicil): For minor changes, you can draft a codicil. This codicil must, however, meet the same formal requirements as a testament (completely handwritten, dated, signed). It must be clear which main testament it refers to. However, this can easily lead to ambiguities, which is why a completely new testament is often preferable.
Always keep only the most current, valid version of your testament and destroy all old, revoked versions to avoid confusion.
Considering the Digital Estate
In our digital world, we leave behind not only physical assets but also a variety of digital traces and values. This "digital estate" includes, for example:
- Online accounts (email, social networks like Facebook, Instagram, LinkedIn)
- Cloud storage (Dropbox, Google Drive, iCloud) with photos, documents
- Digital subscriptions (streaming services, software)
- Online banking and payment services (PayPal)
- Cryptocurrencies (Bitcoin, etc.)
- Websites or blogs
It is important to also regulate this part of your inheritance to enable your heirs to access and manage it or to arrange for the deletion of accounts.
Recommendations:
- Create a list: Maintain a separate, current list of your most important digital accounts, usernames, and instructions on how to access them (e.g., master password manager). Never write passwords directly in the testament!
- Regulate access: Determine who should receive access to this list (e.g., your executor or a trusted person). Keep the list secure but separate from the testament (e.g., sealed with a trusted person or with the notary).
- Express wishes: Provide instructions on what should happen with certain accounts (e.g., memorial status on Facebook, deletion of other profiles, transfer of credit balances).
Planning the digital estate is a relatively new field but of growing importance.
Final Advice: Seek Professional Support
This guide has given you an overview of the basics of creating a testament in Switzerland. However, it cannot and should not replace individual legal advice.
Inheritance law is complex, and errors in creating a testament can have far-reaching consequences – from the invalidity of the document to costly disputes among the heirs. We therefore strongly recommend seeking professional help, especially if:
- Your family situation is complex (e.g., patchwork family, divorced spouses with maintenance obligations).
- You have substantial assets, real estate, or a business.
- You own assets abroad.
- You want to make special arrangements (e.g., prior and subsequent inheritance, establishment of a foundation).
- You want to conclude an inheritance contract.
- You are uncertain about compulsory portions or formulations.
A notary or a lawyer specializing in inheritance law (Specialist Lawyer SAV Inheritance Law) can advise you comprehensively, ensure that your testament or inheritance contract is legally flawless, and exactly corresponds to your will.