This article describes key changes in the new Swiss inheritance law, including some examples.
Since 1 January 2023 the new Swiss inheritance law is in force. Swiss inheritance law governs the relationship between legal heirs such as family members and their rights. More than 50 per cent of the Swiss population does not have a testament. In such cases, it is the Swiss inheritance law that determines what happens to the inheritance. Only a minority has decided to influence their inheritance with a last will. Some key aspects and changes of the new Swiss inheritance law are addressed below.
As of 1 January 2023, compulsory portions have been reduced for direct descendants. The compulsory portions of the parents have been removed entirely. In consequence, the testator can dispose of a larger portion freely. For instance, children now have a compulsory portion of 50 percent. In cases where married couples and children or couples in a registered partnership are concerned, the legal portion is now 25 per cent for the spouse/ partner in a registered partnership, 25 per cent for the children and 50 percent of the assets can be disposed of freely. For individuals living together without a marriage certificate, the situation remains such that they still have no statutory right of inheritance and no protected compulsory portion. The latter situation should be avoided as it is disadvantageous to the surviving individual without a marriage certificate. Patchwork families also benefit from the new Swiss inheritance law because of the larger free portion, which enables the testator to consider stepchildren to a larger extent financially.
Should you have an existing last will that was drafted before 1 January 2023, you may wish to review it. For instance, according to the previous inheritance regulations the compulsory portion of the children was 75 per cent of the statutory inheritance. The following discussion could arise in this type of scenario: Will the children receive the previous portion of 75 per cent of the statutory inheritance or only half the entitlement according to the new Swiss inheritance law?
If you have any questions, please contact Dr. Roderik J. P. Strobl for a personal meeting regarding the above.
This article is aimed at providing a general overview and summary of the issue. It is non-binding and does not and should not be taken to constitute legal advice.
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