Swiss inheritance law explained simply - MKY GROUP
An estimated 95 billion francs were inherited in Switzerland in 2019 (see Steck, 2019).
While residents of some countries are free to leave their assets to any institution of their choice or at least disinherit a legal heir under certain circumstances, Switzerland, on the other hand, has strictly regulated inheritance law.
Swiss inheritance law draws a clear line between legal succession (there is no will) and testamentary succession (there is a will).
If a person dies without having drawn up a will, their assets are divided according to the rules of legal succession (regulated in Part 3 of the Swiss Civil Code ZGB). This type of succession is widespread, as death usually occurs unexpectedly and the deceased has not written a will. According to a survey by the Demoscope Institute, only 26% of the people surveyed have already written a will.
The legal succession
As already mentioned above, legal succession is only used if the testator had not written a will before his death. The ZGB divides relatives of the testator into three different parents and regulates exactly who is entitled to how much of the inheritance.
1. Parentel: Descendants (ZGB Art. 457)
- If there are descendants (children, grandchildren), they are heirs by law
- Children inherit equally
- Predeceased children are replaced by their descendants
-Is there a surviving spouse or spouse, they are entitled to half of the inheritance. The other half is divided equally among the children.
2nd Parent: Parental tribe (ZGB Art. 458)
- If the testator leaves no descendants, the inheritance goes to the parents' tribe.
- Father and mother inherit by half.
- Father or mother who have died is replaced by their descendants (à sister/brother of the testator)
- If there is a surviving spouse, they are entitled to two thirds of the inheritance.
3rd Parent: Grand-Parental Tribe (ZGB Art. 459)
- If the testator leaves neither descendants nor parents, the inheritance goes to the grandparent tribe.
- If the paternal and maternal grandparents survive the testator, they inherit equally on each side (= principle of equality)
Their descendants (uncle/aunt of the testator) take the place of a predeceased grandfather or grandmother.
1. If the grandfather or grandmother is predeceased on the paternal or maternal side, and if there are no descendants of the previous deceased, the full half falls to the existing heirs of the same side.
2. If there are no heirs from the paternal or maternal side, the entire inheritance falls to the heirs of the other side.
The testamentary succession: compulsory share and freely available quota
The testator can make decrees of death (will or inheritance contract), which take effect in place of legal succession. The testator can, for example, appoint a friend or non-profit association at a certain rate or benefit the legal heirs differently. However, in the case of such orders, the testator must comply with the **compulsory share of statutory heirs protected by compulsory shares** and may only have the free quota that is not protected by compulsory shares. The legal heirs protected by compulsory shares include only the spouse, descendants and parents of the testator. The compulsory share is:
1. for a descendant ¾ of the statutory inheritance claim;
2. for each of the parents, ½ of the legal inheritance claim;
3. for the surviving spouse, registered partner, ½ of the statutory inheritance claim
Do you need help preparing your will or need further information on Swiss inheritance law? So contact us, we will be happy to help you.
Disclaimer: The content of this blog post is for informational purposes only and does not constitute professional advice. Each individual case should be reviewed individually and we recommend that you seek professional advice for specific questions.
