– 13. February 2026

Can I still freely dispose of my assets after concluding an inheritance contract during my lifetime and upon my death?

A last will and testament or inheritance contract often contains provisions that differ from those stipulated by law. In an inheritance contract, two or more persons contractually undertake to bequeath their inheritance or a share thereof to each other or in a specific manner (Art. 494 para. 1 of the Swiss Civil Code). The inheritance contract can only be amended or revoked with the consent and cooperation of all contracting parties. In the case of a will, on the other hand, the testator may decide unilaterally at any time whether they wish to revoke or amend the will. The question often arises as to whether the obligations under the inheritance contract restrict the disposing person in the use of their assets during their lifetime or upon death.

Principle

Based on Art. 494 para. 2 of the Swiss Civil Code, the testator may continue to freely dispose of his or her assets. Every person is therefore entitled to finance their previous standard of living and to use up their assets. However, this freedom of disposal is restricted by Art. 494 para. 3 of the Swiss Civil Code.

Exceptions

Firstly, lifetime gifts are contestable if they are incompatible with the obligations under the inheritance contract and were not expressly reserved in the inheritance contract. This is the case if the gift reduces the inheritance contract benefit. This includes gifts, including mixed gifts, but also gifts from marriage contracts. However, if the inheritance contract expressly states that such gifts are still permitted, gifts may continue to be made during the lifetime of the donor (reservation clause).

Traditional occasional gifts remain permissible. Whether a gift is considered an occasional gift must be assessed on a case-by-case basis. The personal and financial circumstances of the donor are decisive.

On the other hand, subsequent testamentary dispositions or inheritance contracts that reduce, encumber, restrict or otherwise alter the claims arising from the original inheritance contract are also contestable. Here, too, there is an exception in that a reservation clause may be included in the inheritance contract to allow this.

Conclusion

In principle, freedom of disposition remains intact. However, it is limited by the contractual obligations of the inheritance contract. There are risks of contestation, particularly in the case of gifts or testamentary dispositions that alter the rights under the inheritance contract. It is therefore important that a reservation clause be included in the inheritance contract if the parties wish to continue to dispose of their assets freely.

Should you have any questions regarding estate planning and inheritance contracts, the attorneys-at-law at Pilatushof AG will be pleased to assist you.