Succession: who inherits, when and how much?

What are the rules of intestate succession and when do they take effect?

If someone passes away without leaving a last will and testament, the rules of intestate succession take effect. These are regulated and defined in the Swiss Civil Code and determine which family members inherit and in what order, if there are no other arrangements. The degree of relationship is the decisive factor, not personal relationships.

To avoid conflicts within the family, you should get to grips with the rules of intestate succession as part of your estate planning. If they don’t align with your personal wishes, you can partially influence the distribution of your assets through a will or an inheritance contract.

Who inherits and in what order?

In Switzerland, the rules of intestate succession are determined by the “parentela” system. This system dictates that an estate is distributed in ascending order among the heirs of the first to the third parentela:

First parentela – descendants

The closest heirs are the descendants of the deceased. Children inherit equally. Predeceased children are replaced by their descendants in all degrees per stirpes. The descendants of the first parentela share the estate equally.

Second parentela – parental lineage

If the testator leaves no descendants (children, grandchildren or great-grandchildren), the parents inherit half each. A predeceased parent is replaced by their descendants in all degrees per stirpes. If there are no descendants on one side, the entire inheritance goes to the heirs on the other side.

Third parentela – grandparental lineage

If the testator leaves neither descendants nor heirs from the parental lineage, the inheritance passes to the grandparental lineage. If both paternal and maternal grandparents outlive the testator, they inherit equally on both sides.

A predeceased grandfather or grandmother is replaced by their descendants in all degrees per stirpes. If a grandparent on the paternal or maternal side has predeceased without descendants, that entire half of the estate is inherited by the heirs on that side. If there are no heirs on either the paternal or maternal side, the entire inheritance passes to the heirs on the other side.

If the deceased has no legal heirs (and nothing has been arranged otherwise), according to succession rules, the estate is inherited by the canton or municipality of their last place of residence.

What about spouses and registered partners?

Spouses and registered partners are also considered and inherit by law, unless otherwise specified, as follows:

1. If they have to share with descendants, they receive half of the inheritance;
2. If they have to share with heirs of the parental lineage, they receive three-quarters of the inheritance;
3. If there are neither heirs of the parental lineage nor descendants, they receive the entire inheritance.

Cohabiting partners currently have no statutory entitlement to inheritance. Different scenarios arise depending on the kind of relationship the partner had with the deceased and whether the inheritance is shared with children:

The inheritance is shared with children

• The testator’s spouse or registered partner shares the inheritance equally with the children (50 percent each).
• A (non-registered) cohabiting partner has no entitlement to inheritance, and 100 percent of the inheritance goes to the testator’s children or their descendants.

The inheritance is not shared with children

• The testator’s spouse or registered partner receives 75 percent of the inheritance, while the remaining 25 percent goes to relatives (parents, siblings, nephews, nieces, etc.).
• (Non-registered) cohabiting partners have no entitlement to inheritance. 100 percent of the inheritance goes to the surviving relatives of the second or third parentela. If there are no surviving parents or siblings, 100 percent of the inheritance goes to the municipality or the canton.

Specific distribution examples

Let’s assume a descendant leaves behind 150,000 francs and has neither made a will nor drawn up an inheritance contract.

1st example: the testator has a wife, a daughter and a brother:

• The wife inherits 50 percent, i.e. 75,000 francs
• The daughter inherits 50 percent, i.e. 75,000 francs
• The brother has no statutory entitlement to inheritance

2nd example: the testator has a registered partner, a mother, a sister and some nephews and nieces. His father has already passed away:

• The registered partner inherits 75 percent, i.e. 112,500 francs
• The mother inherits 12.5 percent, i.e. 18,750 francs
• The sister inherits 12.5 percent, i.e. 18,750 francs

3rd example: the testator has a (non-registered) life partner, a son and a father:

• The son inherits 100 percent, i.e. 150,000 francs
• His life partner and his father have no statutory entitlement to inheritance

How can I influence the distribution of my estate?

As mentioned above, you can influence the distribution of your estate within the limits of mandatory inheritance law if the rules of intestate succession do not align with your wishes or if you wish to bequeath something to people who have no legal entitlement to it. You can do this either by drawing up an inheritance contract or making a will.

With a gift or an advance against inheritance, you can control the timing of when part of your estate is transferred to your heirs, within the scope of inheritance law regulations.

Inheritance contract

In an inheritance contract, you can establish with your heirs how your estate or parts of it should be handled. Unlike a will, an inheritance contract requires the consent of all signing parties in order to be concluded, dissolved or modified. Typical agreements in an inheritance contract include:

Renunciation of inheritance

You can agree on a renunciation of inheritance with legal heirs who would be entitled to an obligatory part. For example:

• A child renounces their inheritance because they have already received exceptional support during your lifetime.
• Children waive their inheritance shares in favour of spouses or registered partners.

Important: heirs who renounce their inheritance in an inheritance contract can no longer claim an obligatory part after your death.

Obligations

In an inheritance contract, you can commit to bequeathing certain assets to legal heirs or third parties. Possible scenarios are:

• You promise to leave the family home to your children.
• You and your spouse or registered partner name each other as beneficiary.

Will

A will allows you to determine the distribution of your estate yourself and – in compliance with the legal provisions of inheritance law – deviate from the rules of intestate succession. For example by…

1. …Structuring the division of your assets among legal heirs according to your wishes.
2. …Bequeathing parts of your estate to individuals or organizations outside the circle of legal heirs.
3. …Specifically assigning assets such as artworks, money or real estate to particular individuals or organizations (e.g. charities).
4. …Setting special conditions and obligations for the heirs. For example, you could decree that certain items must remain within the family.

With a will, you can dispose of your assets flexibly and individually and make sure that your last wishes are respected.

Gifts and advances against inheritance

Giving gifts while still alive is a way to transfer assets early. This should be carefully considered, however, to avoid any potential financial issues. It is also important to take settlement regulations into account: so that inheritance remains fair for all heirs, any contribution received early will be deducted from the share of the person concerned when the estate is later divided.

Obligatory parts: these restrictions apply to the freedom of disposition

With the partially revised inheritance law that came into effect in 2023, you have more freedom in deciding who receives how much of your estate, as the obligatory parts for certain survivors have been adjusted. According to the Civil Code:

1. A person who is survived by issue, a spouse or a registered partner may make a testamentary disposition of that part of his or her property which exceeds the statutory entitlement of the survivor or survivors.
2. A person who is not survived by any such heirs may dispose of his or her entire property by testamentary disposition.

The obligatory part amounts to half of the statutory inheritance entitlement.

Your family situation determines how freely you can decide about your estate through a will or inheritance contract:

• For example, if you are survived by a spouse and children, the freely disposable part is 50 percent of their statutory inheritance entitlement. This means that you can freely dispose of 50 percent of your estate within the scope of inheritance law regulations.
• However, if you are only survived by parents, you can freely dispose of your entire estate within the scope of inheritance law regulations.

You can find other examples of the freely disposable part depending on your family situation on The link will open in a new window ch.ch or on request from legal experts.

People you cannot disinherit

Pursuant to the aforementioned legal situation, you cannot entirely exclude spouses, registered partners and children or, if they are deceased, their descendants, from the inheritance. These people are entitled to their obligatory part, even against your will.

However, these heirs can renounce their obligatory part by…

• …disclaiming the inheritance, or
• …not contesting a will that infringes on the obligatory part, or
• …entering into an inheritance contract with you during your lifetime in which they waive the obligatory part.

If you plan ahead, you have more influence

Get to grips with your individual succession at an early stage and check whether a will or an inheritance contract could better reflect your personal wishes. Consult a legal expert for complex matters to optimize your estate planning. For more clarity, it may also be helpful to discuss your intentions with your family members and people you are close to during the planning stage.