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.
Transferring Assets During One’s Lifetime as an Advancement on Inheritance
Passing on assets to descendants during one’s lifetime as an advancement on inheritance – for example, to help with buying a home or as a marriage portion – sounds sensible in theory, but without clear arrangements it can quickly lead to disputes among heirs.
Protecting the surviving spouse in the event of death
How can I best benefit my spouse in the event of my death? If you want to provide the best possible protection for your spouse in the event of your death, you should not rely solely on the statutory succession.
Certificate of inheritance required: What happens in the case of unclear international spouse inheritance contracts and inheritance agreements?
A recent ruling by the Federal Supreme Court on 28 March 2025 (BGer 5A 595/2024) shows that a certificate of inheritance may be mandatory in the case of spousal inheritance contracts and inheritance agreements that are open to interpretation – especially if real estate is involved.
Pitfalls when writing a will – What you should definitely pay attention to when writing a will
A will is an important decision – often for loved ones, sometimes to regulate complex financial circumstances. However, many wills are invalid, unclear or outdated, which can later lead to disputes between heirs. The most common mistakes can be easily avoided with legal advice.
Heirs in cohabitation
Around 100 years ago, almost all single people stood in front of the altar at least once in their lives to say “I do”. Today, this figure is still around half in Switzerland. Nevertheless, many couples who live in a cohabitation want to be each other’s heirs. What needs to be considered.
Who inherits before divorce?
If you are not yet divorced, but merely separated, the spouse remains the legal heir. This is because the statutory right of inheritance only ends with the divorce.
How is pillar 3a treated under inheritance law?
For a long time, it was disputed whether pillar 3a pension assets held with a bank foundation were included in the estate. However, it was clear that pension assets held with pillar 3a insurance institutions were not included in the estate.
Signature requirement for handwritten wills
In accordance with Art. 505 para. 1 ZGB, the handwritten testamentary disposition must also be signed by hand in order to be valid. If the signature is missing, the will is invalid.
The testator’s will as a prerequisite for drawing up a will
In principle, the testamentary disposition must be made in the testator’s own hand. This is so that the testator’s will to dispose of his or her assets upon death can be expressed. However, as a rule, the testator’s will must be independently verified irrespective of whether the formal requirements are met (Federal Supreme Court 5A_405/2022 of 3 April 2023).