Formal requirements not observed
The most common mistake concerns the form of the will. In Switzerland, according to Art. 498 ff. ZGB, only certain forms of will are valid – for example, a handwritten will, which must be:
- written entirely by hand from beginning to end
- dated and
- must be signed by hand.
Disregarding compulsory portions
Even with a will, you cannot dispose of your estate completely freely. According to Art. 471 ZGB, certain relatives are entitled to so-called compulsory portions – including
- Descendants: ½ of the statutory entitlement
- Spouses: ½
The compulsory portions may not be undercut by the testator’s dispositions. Anyone who violates compulsory portions therefore risks challenges and lengthy proceedings. Since the 2023 revision of inheritance law, the compulsory portions have been reduced – older wills should therefore be reviewed.
No clear succession plan
Unclear formulations such as “my children should inherit everything” quickly lead to disputes – especially in the case of multiple descendants, patchwork families or assets abroad.
Tip: Designate heirs by name and also regulate the replacement succession in the event that an heir predeceases you.
Outdated will
Many people forget to review their will on a regular basis – e.g. after divorce, the birth of a child, the purchase of real estate or an investment in a company. An unadjusted will can be completely out of touch with the reality of life and in turn lead to a breach of the compulsory portion.
Incorrect safekeeping
A will is only effective if it is found and opened. Safekeeping with a trusted person or with the competent authority of the municipality of residence protects against loss or deliberate destruction.
No regulation for digital or complex assets
Bitcoin, cloud data or online accounts: Anyone who owns digital assets and does not regulate their access often leaves heirs at a loss.
Tip: Make a complete overview of your assets, including passwords and accesses.
Conclusion: A will protects – if it’s done right
A legally valid, up-to-date and clear will prevents disputes, protects your loved ones and implements your last wishes. Avoid mistakes by seeking legal advice – especially when it comes to compulsory portions, patchwork constellations or complex assets.
Our lawyers and notaries will be happy to advise you on questions relating to inheritance law.