A letter to the heirs in which you specify the amount of your statutory share and set a payment deadline has less effect under the Schweiz than most people expect. It does not place any obligation on anyone, it does not set a deadline, and it does not entitle you to information about the estate. This is due to the structure of Schweiz inheritance law. Here, the statutory share is generally not a monetary claim against the heirs, but rather a reduced share of the estate. Anyone who has been omitted from a will therefore initially has no claim that they could quantify. They must first fight for their status as an heir in court, and they have one year to do so.
A note to begin with. Much of what is written in German about the compulsory share relates to German law and does not apply to a Schweizer inheritance. If the deceased person was last living in Deutschland, this guide to the German compulsory share is the relevant page.
Key points at a glance
- Under the Schweiz system, only descendants and the spouse or registered partner are entitled to a compulsory share. Since 1 January 2023, parents are no longer entitled to a compulsory share, and neither are siblings nor cohabiting partners (Art. 470 et seq. of the Swiss Civil Code).
- The compulsory share amounts to half of the statutory inheritance entitlement (Art. 471 of the Swiss Civil Code). Until the end of 2022, this figure was still three-quarters for descendants.
- It is not normally a claim for payment against the heirs, but rather a share of the estate. Anyone who has been disinherited must take legal action in order to be recognised as an heir at all.
- The time limit for this is one year from the date on which the breach is discovered, or ten years at the very latest (Art. 533 of the Swiss Civil Code). The time limit is only met if a claim is brought before the court. Court proceedings and letters from solicitors do not serve to extend it.
- You will not be provided with information about the estate simply on request. According to case law, anyone who allows the one-year time limit to lapse will even forfeit their right to information under inheritance law.
- Anyone who becomes an heir is liable for the deceased’s debts with their personal assets (Art. 603 of the Swiss Civil Code).
Is Schweizer correct in your case?
It is not nationality that is decisive, but the deceased person’s last place of residence. Anyone who last lived in the Schweiz generally leaves an estate over which Swiss courts have jurisdiction and to which Swiss law applies (Articles 86 and 90 of the Swiss International Private Law Act (IPRG)). This also applies to German nationals who were resident in the Schweiz, and from a German perspective, the European Succession Regulation leads to the same result where the deceased had their habitual residence in the Schweiz.
The only person who may deviate from this is someone who has made alternative provisions during their lifetime. Any person may, by will or contract of inheritance, subject their estate to the law of one of their home states (Art. 91 IPRG) and, under certain conditions, also to the jurisdiction of that state (Art. 88b IPRG). However, there is a restriction set out immediately afterwards in Article 91(1) of the IPRG, and it is often overlooked. A Schweizer cannot exclude the Schweizer’s statutory share, not even as a dual national, nor by choosing German law in their will. If, on the other hand, the testator was exclusively a foreign national, the right to a compulsory share under the law of the chosen state applies following such a choice; in the case of German law, this means the German compulsory share.
It is therefore worth taking a look at the will, and not just because of its contents. A German court may also have jurisdiction over land in Deutschland, even if Schweizer law otherwise applies.
Why you have to take legal action to claim your statutory share
The compulsory share amounts to half of the statutory inheritance entitlement; it is therefore a reduced share of the estate (Art. 471 of the Swiss Civil Code). According to the law, anyone entitled to this share is considered an heir rather than a creditor. This is precisely where the problem arises for anyone who has been omitted from a will. Legal experts refer to them as ‘virtual heirs’. They are not named in any document, do not form part of the community of heirs, and have no sum to which they can lay claim.
To change this, there are two types of legal action which are often brought together in practice. By bringing an action for reduction, you are seeking to have the testator’s dispositions curtailed to the extent necessary to restore your statutory share (Art. 522 of the Swiss Civil Code). With an action for annulment, you challenge the will itself, for example because it does not comply with the required form, because the testator was no longer of sound mind, or because they were deceived or coerced (Art. 519 et seq. of the Swiss Civil Code). The difference in the outcome is significant. A reduction secures the statutory share, whilst a declaration of invalidity may result in the full statutory share being awarded, provided that an earlier will does not take the place of the contested one. It is only upon a successful judgement that a disinherited person acquires the status of heir, as the Federal Supreme Court has expressly held (BGE 143 III 369).
However, this does not mean he has access to the money just yet. A share of an inheritance is not a bank balance. You then form part of the community of heirs, and within that community, everything belongs to everyone jointly. Until the estate has been divided, no one can close a bank account or sell a house on their own; any disbursement requires the consent of the others (Art. 602 of the Swiss Civil Code). You will only receive any money once the estate has been divided. Any heir may demand this at any time; if necessary, they must also take legal action to enforce it (Art. 604 of the Swiss Civil Code). In practice, therefore, the reduction of the estate and its division are often combined into a single set of proceedings.
One variation deviates from this pattern. According to the prevailing view today, the testator may also bequeath the compulsory share as a legacy, thereby depriving the beneficiary of their status as an heir. The Federal Supreme Court has not yet expressly ruled on this matter. Anyone so bequeathed does in fact have a monetary claim against the heirs liable for the statutory share, and this claim is subject to a limitation period of ten years (Articles 562 and 601 of the Swiss Civil Code). However, if the value of the bequest falls short of the statutory share, the one-year limitation period applies again to the difference. The testator may not encumber the compulsory share in this way; the appointment of a reversionary heir is invalid to the extent that it affects the compulsory share (Art. 531 of the Swiss Civil Code). You should therefore first clarify whether the will passes you over, expressly disinherits you or provides for you by way of a bequest.
Who has a compulsory share in the Schweiz
Those entitled to protection are the descendants – that is, children and, in their place, their children – as well as the surviving spouse and the registered partner (Art. 470(1) of the Swiss Civil Code). The group does not extend beyond this.
The parents of the deceased were also entitled to a compulsory share until the end of 2022; since 1 January 2023, they are no longer entitled to it. They remain statutory heirs and will inherit in the normal way in the absence of a will, but they are no longer entitled to bring an action to reduce the value of a will that disinherits them. As statutory heirs, they may still challenge a will that is invalid due to a formal defect or that was drawn up whilst the testator lacked capacity by bringing an action for annulment. Siblings, grandparents, nieces and nephews are not entitled to a compulsory share.
This hits unmarried couples hard. Under the Schweiz, the surviving cohabiting partner has neither a statutory right to an inheritance nor a compulsory share, and the same applies to stepchildren. Both receive only what has been expressly bequeathed to them. Anyone who leaves behind neither descendants nor a spouse or registered partner may dispose of their entire estate as they see fit (Art. 470(2) of the Swiss Civil Code).
A special rule applies in the case of a broken marriage. If divorce proceedings were pending at the time of the testator’s death, the surviving spouse loses their entitlement to a compulsory share if the proceedings were initiated or continued at the joint request of both spouses, or if the spouses had been living apart for at least two years (Art. 472 of the Swiss Civil Code). In the absence of ongoing proceedings, even a long separation makes no difference. If this rule applies, the compulsory shares are calculated as if the testator had not been married, which correspondingly increases the children’s share.
How much the statutory share amounts to
First, work out what you would have been entitled to under the rules of intestate succession if there had been no will, and halve that amount. The result is your compulsory share (Art. 471 of the Swiss Civil Code).
The statutory shares of the estate are determined by the family structure. Where there are descendants, the surviving spouse receives half of the estate; where there are parents and siblings of the deceased, three-quarters; and where there are none of these, the entire estate (Art. 462 of the Swiss Civil Code). The children share equally in whatever remains (Art. 457 of the Swiss Civil Code).
A man dies, leaving behind his wife and two children. Once the marital assets have been divided – more on that in a moment – an estate of 600,000 Swiss francs remains. By law, the widow would be entitled to half, i.e. 300,000 Swiss francs, and the two children would each receive a quarter, i.e. 150,000 Swiss francs each. The compulsory shares amount to half of this, i.e. 150,000 Swiss francs for the widow and 75,000 Swiss francs for each of the children. The deceased was free to dispose of the remaining 300,000 Swiss francs as he saw fit.
Until the end of 2022, the calculation was different because, at that time, heirs could claim three-quarters of their statutory inheritance entitlement as a compulsory portion. The date of death is the decisive factor. The new law applies to all inheritances arising on or after 1 January 2023, even if the will was drawn up years earlier.
However, the percentage alone does not tell the whole story. What matters is the amount to which it applies, and this is only determined once the marital assets have been divided and any gifts made during the spouses’ lifetimes have been verified.
How much is your statutory share under Schweizer law?
The calculator assesses your family situation and shows the rate that applies. It calculates this in accordance with the legal provisions in force since 2023 and does not require any details of your assets.
The one-year deadline that decides everything
In practice, most claims fail because of this deadline, usually because nobody took them seriously.
An action for reduction must be brought within one year of the date on which you became aware of the infringement of your rights. Irrespective of this, the limitation period expires after ten years: in the case of wills, from the date of their opening; in the case of gifts, from the date of death (Art. 533 of the Swiss Civil Code). For an action for annulment, a separate one-year period applies from the date of becoming aware of the disposition and the grounds for annulment, with a ten-year limitation period also applying as the outer limit. In the case of a person who has been benefited in bad faith, this ten-year time limit is extended to thirty years in the event of legal incapacity, unlawfulness or immorality (Art. 521 of the Swiss Civil Code).
The law refers to the limitation period for reduction as the ‘statute of limitations’, whilst the Federal Supreme Court treats it as a forfeiture period (BGE 138 III 354). The difference is significant. The court takes account of a forfeiture period of its own accord, and it cannot be interrupted or extended. Neither a reminder letter nor ongoing settlement negotiations can halt it, and certainly not a request from an heir for patience. The time limit is only observed by those who take the matter to court, whereby the mere submission of an application for conciliation is sufficient (Art. 62(1) and Art. 64(2) of the Swiss Code of Civil Procedure (ZPO)). For this reason, in practice, an application for conciliation is often submitted before the figures have even been finalised. Following conciliation, there are still three months left to bring a claim before the court (Art. 209 of the Swiss Code of Civil Procedure).
The key question in this whole case is therefore when the clock starts ticking. It does not start on the date of death, but when you become aware of the matter. However, if you are simply not mentioned in the will, the breach arises from the will itself. In practice, the time limit then runs from the day on which the copy was served on you. It may begin later, particularly in the case of persons who received a bequest during the testator’s lifetime. In August 2025, the Federal Supreme Court ruled that the one-year time limit runs separately for each individual recipient of a bequest and only begins once their identity is known (judgement 5A_347/2024, to be officially published). Therefore, if you only find out at a late stage that a large sum was paid to a specific person shortly before the testator’s death, you are not necessarily too late to act.
A second provision helps only some of those affected. Anyone who already holds something in their possession may defend themselves for an unlimited period of time as soon as the other party makes a claim against them (Art. 521(3) and Art. 533(3) of the Swiss Civil Code). If you have been completely overlooked, you hold nothing and do not have this option.
Alongside this, two short clocks are ticking. One month after notifying the parties concerned, the authority issues the certificate of inheritance to the appointed heirs, provided no one objects (Art. 559 of the Swiss Civil Code). Anyone named as an heir in the will who wishes to renounce their inheritance has three months to do so (Art. 567 of the Swiss Civil Code).
What you can find out before you have to take action
Swiss law does not provide for an official inventory of the estate to be drawn up for you at your request and at the estate’s expense. Instead, the law requires the co-heirs to provide each other with precise information during the division of the estate and to disclose everything that is relevant to a fair distribution (Art. 607(3) and Art. 610(2) of the Swiss Civil Code). Banks are also required to fulfil their obligations, as the deceased’s right to information from their bank passes to the heirs (Art. 560 of the Swiss Civil Code).
A person who has been passed over has such rights, but only as long as they bring legal proceedings. The Federal Supreme Court has ruled that a person entitled to a compulsory share who has been completely excluded from the succession must challenge the disposition within one year in order not to lose their status as an heir and their right to information under inheritance law (BGE 138 III 354). If you allow the time limit to lapse, you will therefore lose both at the same time. This is the real reason why you should ensure you meet the one-year deadline, even if you do not yet know how much is at stake.
A copy of a will that has been opened shall be served on all parties involved in the succession, insofar as it concerns them, at the expense of the estate (Art. 558 of the Swiss Civil Code). According to established practice, this also includes statutory heirs who have been disinherited. If you have not received anything, even though you are clearly entitled as a child or spouse, you should contact the authority responsible for the opening of the will at your last place of residence.
The certificate of inheritance is the official document confirming who is to inherit. Without it, banks will not release any funds and the Land Registry will not transfer ownership of a property. If you have been overlooked as a statutory heir – for example, as a disinherited child – you can lodge a formal objection with the relevant authority, contesting the entitlement of those named in the will (Art. 559 of the Swiss Civil Code). In that case, the certificate will not be issued for the time being. This does not mean you will receive a certificate of inheritance yourself, and the cantons have different approaches to whether the mere announcement of legal action is sufficient. Lodging an objection costs little, is dealt with quickly and usually brings the other party to the negotiating table whilst the actual legal action is still being prepared.
According to case law, you may request a provisional inventory under Article 553 of the Swiss Civil Code even if you have not yet been recognised as an heir. It records what was present at the time of death. By contrast, you are not entitled to a public inventory under Article 580 of the Swiss Civil Code; this requires you to have the status of an heir (BGE 143 III 369). Anyone who confuses the two will apply to the relevant authority for the wrong procedure and receive a negative decision, the costs of which they will have to bear.
Where there are concrete grounds for believing that gifts have been made, an action for disclosure may be brought, often as a staged action combined with a claim for payment of an as yet unspecified amount (Article 85 of the Code of Civil Procedure). And if there is a risk that assets may disappear in the meantime, precautionary measures may be considered, such as an order to the Land Registry (Art. 261 et seq. ZPO). For both, you must substantiate your suspicions, for example with bank statements or an extract from the Land Registry.
The areas where things go wrong in practice
Between the rate and the amount, there are five factors that determine how much is left in the end.
The prenuptial agreement reduced the size of the estate
Under the Schweiz regime, the marital assets are first divided and only then bequeathed. Under the ordinary matrimonial property regime of participation in accrued gains, each spouse is entitled to half of what the other has acquired during the marriage (Art. 215 of the Swiss Civil Code). What the surviving spouse receives in this way is never considered part of the estate and is not taken into account when calculating the compulsory share.
A marriage contract can alter this distribution; in extreme cases, it can be reduced to the full amount (Art. 216(1) of the Swiss Civil Code). And here is a rule that surprises many people. Any amount that the surviving spouse receives in excess of their statutory half is not taken into account when calculating the compulsory shares of the joint children (Art. 216(2) of the Swiss Civil Code). As far as the children are concerned, this money is simply gone, and there is nothing they can do about it. Only children from a previous relationship and their descendants can challenge this (Art. 216(3) of the Swiss Civil Code), and for them, it is precisely this amount that is the first to be recovered from any gifts made during the spouse’s lifetime (Art. 532(2) of the Swiss Civil Code). Only assets acquired by the couple during the marriage are subject to this clawback. Anything that one spouse brought into the marriage or inherited themselves – known as ‘separate property’ – is excluded.
If the estate turns out to be unexpectedly small, the first thing you should do is ask for two documents: a marriage contract and an agreement to waive inheritance rights (Art. 495 of the Swiss Civil Code), which is often included in the same notarial deed and eliminates any claim from the outset.
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The surviving spouse has the right of usufruct
Many married couples want to prioritise providing for the surviving partner first, and only then consider the children’s interests. The law provides a mechanism for this which may prove unfavourable for the children.
A married couple may stipulate in their will that the surviving spouse may use the portion of the estate that actually belongs to their joint children until their own death. They therefore continue to live in the house and retain the rent and interest. The deceased may also freely dispose of the other half of the estate, usually in favour of the same spouse (Art. 473 of the Swiss Civil Code). For the children, this means that although they are listed in the land register, they receive no payment whilst the surviving parent is still alive. Only when the surviving parent remarries or enters into a registered partnership does the right of use cease in respect of the portion that would otherwise be protected as a compulsory share. Since 2023, the freely disposable portion has also increased from a quarter to half, thus giving testators greater scope for disposition.
However, this rule applies only to joint children. Children from a previous relationship are not obliged to accept such a burden. And if the provision goes beyond the statutory framework, the excess amount may be reduced.
The assets were given away during the person’s lifetime
If a gift was made during the person’s lifetime, part of it can be recovered. In particular, the following are taken into account: anything a child received during the testator’s lifetime as an advance on their inheritance; any compensation received in return for waiving their right to inherit; any gift made within the five years prior to death; and any gift which the deceased could have reclaimed at any time. Gifts of a customary amount are excluded. Furthermore, without any time limit, the assessment includes any gifts that were clearly made solely to undermine the statutory share (Art. 527 of the Swiss Civil Code).
Pay close attention to the time limits, as they work differently to what many people assume. A gift does not lose its significance as the time since the date of death increases. It counts in full within the five-year period; after that, it counts for nothing. And the five-year period is, in any case, only one of several options, as freely revocable gifts and transactions designed to circumvent the law are not subject to any time limit at all.
In the case of gifts to children and grandchildren, there is a second method: equalisation. Any assets that the testator has transferred to their descendants as a marriage gift, dowry, transfer of assets or debt remission are taken into account in the division of the estate, unless the testator has expressly stipulated otherwise (Art. 626(2) of the Swiss Civil Code). However, this method requires that you are already an heir.
The assets are recovered in a fixed order. First, the statutory heirs are paid; then those named in the will; and finally, those who received gifts during the testator’s lifetime. And amongst those who have received gifts, the spouse under the marriage contract is dealt with first, followed by the beneficiaries of freely revocable gifts and those under Pillar 3a, and then the remainder, with the most recent gift taking precedence over the oldest (Art. 532 of the Swiss Civil Code).
Part of the assets are held in a pension scheme
Funds held in Pillar 3a accounts do not form part of the estate but are paid directly to the beneficiaries. They are therefore not excluded from the statutory share. Since 2023, they have been explicitly included in the estate and can be recovered: in the case of an insurance policy, at the surrender value at the time of death; in the case of a bank account, through the beneficiary’s claim (Articles 476 and 529 of the Swiss Civil Code). The same applies to life insurance policies in favour of third parties.
The situation is different when it comes to occupational pension provision, i.e. the second pillar. Benefits under this scheme do not form part of the estate and are not covered by these provisions.
The will sets out a ground for disinheritance
Some wills do not merely omit the beneficiary, but expressly disinherit them. It may only be completely withdrawn in two cases: namely, in the event of a serious criminal offence against the testator or a person closely related to them, and in the event of a serious breach of family law obligations (Art. 477 of the Swiss Civil Code). A falling-out, a breakdown in contact or disappointment are not sufficient grounds. In addition, there is a narrow special case. If there are certificates of loss against a descendant – that is, official certificates confirming that creditors were unable to recover anything from them – the testator may deprive them of half of their statutory share, provided that this is allocated to their children. This disinheritance lapses upon request if the certificates of loss have ceased to exist at the time of death or, taken together, do not exceed a quarter of the share of the estate (Art. 480 of the Swiss Civil Code).
Two rules make disinheritance more open to challenge than it appears at first glance. It is only valid if the testator has stated the reason in the will itself. Furthermore, if the disinherited person challenges the disinheritance, it is not for them to prove that it is incorrect; rather, the person benefiting from the disinheritance must prove that it is correct (Art. 479 of the Swiss Civil Code). If this proof is not provided, or if the grounds are entirely absent, the will remains valid only to the extent that it is compatible with the compulsory share. If the testator was clearly mistaken as to the grounds for disinheritance, the disinheritance is entirely void, and the disinherited person receives their full statutory share of the estate.
If, on the other hand, the disinheritance takes effect, it is a harsh measure. The disinherited person may neither share in the inheritance nor bring an action for a reduction of the bequest. However, their own descendants retain their right to a compulsory share as if the disinherited person had not survived to the time of death (Art. 478 of the Swiss Civil Code).
Anyone who becomes an heir is also liable for the debts
Once the judgement has been upheld, you will become an heir, and the deceased’s debts will also pass to you along with the inheritance. This comes as a surprise to many who believed the compulsory share to be a purely monetary claim. The heirs are jointly and severally liable for these debts; this means that any one of them can be held liable for the entire debt, including with their personal assets (Articles 560 and 603 of the Swiss Civil Code).
The standard protective measure is the public inventory, which limits liability to the debts listed therein. It must be requested within one month and requires the person to have the status of heir, which a beneficiary does not yet have at that point in time. It is unclear whether the time limit starts to run anew for them at a later date. In the case of an estate of substantial value, this is irrelevant. If the liabilities are unclear, you should ascertain them before taking legal action.
From wills to money
The process begins with the opening of the will. Any will that is found must be submitted to the authority at the deceased’s last place of residence, which shall open it within one month of its submission and serve a copy on the parties concerned (Art. 556 et seq. of the Swiss Civil Code). The name of this authority varies from canton to canton; it may be the estate administration authority, the probate office, a notary’s office or the district court. In many cases, the testator has also appointed an executor (Art. 517 et seq. of the Swiss Civil Code). The executor administers the estate and carries out the distribution, but in doing so acts in accordance with the testator’s wishes rather than the interests of individual parties involved. He is accountable to the heirs and is subject to a cantonal supervisory authority, which may issue instructions to him and, in extreme cases, remove him from office.
During the first few weeks, it is important to ensure that nothing goes missing and that no time limit begins to run of which you are unaware. The court will later calculate the time limit by counting back from the day on which you were served with the copy of the will. Keep the envelope with the postmark on it.
Many cases are subsequently settled, as the heirs are rarely keen on proceedings dragging on for years. However, negotiations do not count towards the one-year time limit.
If no progress is made, the matter must be referred to the conciliation authority. An attempt at conciliation is the norm in inheritance disputes. Where the value in dispute is 100,000 Swiss francs or more, both parties may jointly waive this requirement. The claimant may waive this unilaterally, for example, if the defendant resides abroad; however, this requires that this applies to all defendants (Art. 199(2) ZPO). Jurisdiction lies with the court at the testator’s last place of residence (Art. 28 of the Swiss Code of Civil Procedure (ZPO)).
When it comes to money, it is worth taking a close look at the relevant dates, as they differ. For compulsory shares, what counts is the value of the estate on the date of death (Art. 474 of the Swiss Civil Code). In the case of a subsequent division of the estate, however, land is valued at its market value at the time of the division (Art. 617 of the Swiss Civil Code). If a dispute drags on for years and the property market rises, this will therefore have different implications. If the heirs cannot agree on the value, it is assessed by officially appointed experts (Art. 618 of the Swiss Civil Code). A special rule applies to agricultural holdings, which are attributed to the heir who farms the land themselves at their income value, which is significantly lower than the market value.
If your status as an heir has been established but you are still not receiving any funds, there are other options available. If the community of heirs is deadlocked, any co-heir may apply to the authorities for an heir’s representative to act on behalf of the community (Art. 602(3) of the Swiss Civil Code). Uncontested assets can be distributed in advance, rather than waiting for agreement on the entire estate. And if an executor fails to provide an account, a supervisory complaint may be lodged.
In principle, the losing party bears the costs of the proceedings, which also include the other party’s costs, i.e. the opposing party’s legal fees (Art. 106 of the Swiss Code of Civil Procedure). Both are calculated on the basis of the value of the claim and are governed by cantonal law, meaning that the amounts increase in line with the value of the claim. Where the value of the claim is in the six-figure range, court fees and legal costs combined can quickly reach a significant five-figure sum. Since 1 January 2025, the court may, in ordinary proceedings, require an advance payment of no more than half of the estimated court costs (Art. 98 ZPO). This makes it cheaper to initiate proceedings, whilst the risk in the event of losing the case remains the same. Legal aid, the Schweizer equivalent of German legal aid, covers court costs and the claimant’s own solicitor for those on low incomes, but expressly does not exempt the claimant from paying compensation to the opposing party (Art. 118(3) ZPO). Furthermore, in Schweizer legal expenses insurance policies, inheritance law is usually only an optional add-on with its own, often low, sum insured, frequently subject to a waiting period and with the date of death as the triggering event. Depending on the terms and conditions, taking out a policy after the death has occurred may no longer be of any help.
When enforcement is at risk of failing due to cost concerns
Normally, the statutory share is claimed and paid out in the usual way, often as part of a settlement. Things become difficult when the other party plays for time, the value of a property is disputed, and every step requires further advance payments. That is precisely when Erbfinanz steps in to help. We can bear the cost risk of enforcement, so that you do not have to pay for solicitors, expert reports and court costs up front. Legal representation is always provided by a solicitor. Our fee is agreed on a case-by-case basis, transparently and in advance, and is only payable if we are successful.
Your no-obligation enquiry is free of charge, confidential and takes just a few minutes to complete.
The entitlement can also be transferred
Not everyone wants to or is able to go the whole way, perhaps because they need to sort out their finances or because the conflict is taking too much of a toll.
A monetary claim for which the amount has already been determined is a claim like any other and may be assigned in writing (Art. 164 et seq. of the Swiss Code of Obligations). A separate rule applies to a share in an estate. This too may be transferred in writing; however, assignment to a third party does not confer on that party any right to have a say in the distribution, but only a claim to whatever falls to the heir as a result of the distribution (Art. 635 of the Swiss Civil Code). Contrary to what is sometimes claimed, Swiss law does not recognise a right of pre-emption for co-heirs in this context. The available options depend primarily on how far the proceedings have progressed.
The article on the sale of statutory share claims under Schweizer law explains how such a sale works, what a buyer pays, and how to recognise a genuine offer.
When a prompt payout is more important than the maximum amount
In this case, selling the claim to Erbfinanz may be an option. You will be paid out promptly and will not have to deal with the dispute yourself. What happens to the claim afterwards is our responsibility.
We will discuss whether this approach is suitable for your situation and at what stage it becomes feasible during a no-obligation enquiry.
Frequently Asked Questions
The will dates from 2015 and specifies only the statutory share. Does the old rule of three-quarters apply, or the new rule of one-half?
The law applicable to the succession is that which was in force at the time of death. From 1 January 2023, this will be the new version stipulating half. However, this does not yet answer the question of how to interpret an older will which refers only generally to the compulsory portion. Whether the testator intended the rate applicable at that time or the statutory share in force at the time is a matter of interpretation on which there is as yet no established case law.
The heirs say there’s nothing left. What can be done about it?
An estate often appears smaller than it actually is, and there is usually one of the reasons outlined in this article behind this. Often, a marriage contract has allocated part of the assets to the surviving spouse; often, assets have been gifted during the deceased’s lifetime; and often, money is held in a Pillar 3a pension plan. A provisional inventory records what was in existence on the date of death. Where there are concrete indications of gifts, an action for disclosure may be considered. Neither of these changes the fact that the one-year time limit continues to run regardless.
How much does an inheritance dispute cost under the Schweiz scheme, and does legal expenses insurance cover it?
Court costs and compensation to the other party are determined by the value of the claim, are regulated at cantonal level and are, in principle, borne by the losing party. Where the value of the claim is in the six-figure range, the total financial risk can quickly reach five-figure sums. Legal aid covers court costs and the client’s own solicitor for those on low incomes, but does not cover compensation payable to the opposing party. Legal expenses insurance policies usually include inheritance law in the Schweiz package only as an optional add-on with limited cover, often subject to a waiting period and with the date of death as the triggering event.
Is inheritance tax payable on my statutory share of the estate?
This depends on two legal systems. In the Schweiz, inheritance tax is regulated at cantonal level; the federal government does not levy any. Spouses and registered partners are exempt in all cantons, whilst direct descendants are exempt in most. However, if you live in Deutschland, German inheritance and gift tax also applies, as anyone resident there is liable to tax on their entire estate in Deutschland, even if the deceased last lived in Schweiz. If both the deceased and the beneficiary were nationals of Schweiz, Deutschland is not permitted to levy tax under the double taxation agreement. For children, an allowance of 400,000 euros applies; any tax payable in Schweiz is credited, but only up to the amount of the corresponding German tax. For larger sums, it is advisable to consult a tax adviser at an early stage.
I’ve missed the one-year deadline. Is everything lost?
Not in every case, but the situation is difficult. The limitation period only begins to run once the breach has come to light, and according to recent case law, it runs separately for each recipient of a gift. Anyone who discovers a gift at a late stage may still have time to take action against the recipient. The same applies to a ground for invalidity of which you only became aware later. And anyone who is in possession of the gift themselves can defend their position indefinitely as soon as the other party demands its return.
What matters in the end
If successful, the Schweizer compulsory portion entitles you to more than just a monetary claim; it grants you a genuine share in the estate. In return, it requires you to take action before you know what is at stake.
If you are unsure when your one-year period began, clarify this first, taking the date on which the copy of the will was left in your letterbox as the starting point. Everything else – from contesting the certificate of inheritance to the question of who pays for the probate process – can then be sorted out. Most inheritance cases end in a settlement anyway.
Note on the content of this guide
The articles in this guide are intended to provide general information on inheritance law matters. They do not constitute legal advice and are no substitute for advice in individual cases. Whether a claim exists, and if so, to what extent, always depends on the circumstances of the specific case. Only a solicitor can provide a definitive assessment; in matters of inheritance law, this is usually a specialist solicitor in inheritance law.
All content is carefully researched and regularly reviewed. However, legislation and case law are subject to change. We are therefore unable to guarantee that the content is accurate, complete or up to date.
Note on the use of artificial intelligence
The articles in this guide are produced with the help of artificial intelligence and are editorially reviewed and approved.