Contesting a will: legal situation and valid reasons
ResourcesguideInheritance LawContesting a will: legal situation and valid reasons
Inheritance Law 
7 min. Lesedauer
31. July 2025Anyone who writes a will wants to ensure that their final wishes are taken into account when distributing their assets. However, having a will doesn’t always prevent disputes over the distribution of the inheritance – and inheritance disputes are very common in Switzerland. In this article, you’ll learn how to contest a will in Switzerland, what the most common grounds for contesting it are, and who is entitled to do so.
When can a will be contested in Switzerland?
If a testator does not wish to distribute their assets according to the rules of intestate succession, they must make a will. However, it can happen that the heirs feel they have not been sufficiently considered in the testamentary disposition or that they have not been sufficiently considered. To enforce their rights as heirs, they can contest the will.
In principle, every person entitled to inherit has the right to contest the will. However, it is recommended that the heirs, if they so wish, seek advice from a lawyer specialising in inheritance law. Furthermore, a will can only be contested after the testator’s death. Contesting it during one’s lifetime is not advisable, as the testator can change their will at any time. It is important to note that testamentary dispositions between spouses are legally annulled in the event of a divorce, unless the spouses wish otherwise.
When does it not make sense to contest a will?
Sometimes it makes no sense to contest a will. This is the case, for example, if a child is only supposed to receive the statutory share to which they are entitled, but is not satisfied with this. If the testator made this decision freely and within the framework of the law, a contest is unlikely to be successful.
For what reasons can a will be contested?
An heir can contest a will if they feel disadvantaged. However, the chances of success are only good if there is a legally permissible ground for contestation. In Switzerland, according to the Swiss Civil Code (ZGB), there are several legal grounds that can justify the invalidity of a will or its contestation by the heirs in court. In principle, anyone with an interest in declaring a will invalid can file a lawsuit to contest the will (Article 519, paragraph 2 ZGB).
How can a will be contested?
Only those who can benefit from the invalidity or reduction of the will are entitled to contest it. Furthermore, the contestation is only possible after the inheritance has occurred. Furthermore, they must assert the grounds for contesting the will within a certain period of time, which varies depending on the grounds for contestation. As a rule, the heirs have a maximum of ten years to contest the will. However, if they wish to file an action for invalidity against the will, this must be done no later than one year after becoming aware of the grounds for invalidity (Article 521 of the Swiss Civil Code).
It should be noted that handwritten wills are more frequently contested because they do not require public notarisation. They are therefore more likely to contain formal errors or ambiguous wording that entitle the heirs to contest them. However, notarised and public wills can also be contested. In these cases, formal errors rarely lead to a contest; rather, personal interests and substantive deficiencies are the main causes of contestation.
Tip: Heirs who wish to contest testamentary provisions should seek assistance from a lawyer specialising in inheritance law. The chances of success of a will contest depend on the legal relevance of the grounds for contestation. It is also important to observe the statute of limitations; otherwise, the inheritance may not be contestable despite sound legal grounds.
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FAQ: Contesting a will
A will is contested when one or more heirs disagree with the testator’s final wishes for legal reasons. They then initiate legal proceedings to assert their rights, which they believe have been violated.
There are several reasons why a will can be contested. However, these reasons must have a specific legal basis to be valid. For example, you can contest a will if the testator lacked capacity when drafting the will, if the statutory share of the legal heirs is not observed, or if there is a formal error.
Regardless of whether the will is handwritten or notarised, it is always possible to contest it. A notarised will is unlikely to contain formal or legal errors, but heirs can still challenge substantive decisions they consider unfavourable or unlawful.
Only persons who would directly benefit from contesting the will can initiate this procedure. This applies to both the heirs named in the will and those designated according to the rules of intestate succession.
The time limit for contesting a will depends on the reason for the challenge and can be up to ten years. However, the heirs have only one year to file an invalidity suit.
A will can be contested if the heirs believe the testator was incapable of making a reasonable decision at the time the will was made. However, it is the heirs’ responsibility to prove the testator’s insanity, which can be complicated. If the testator suffered from dementia or Alzheimer’s disease, a medical expert may be consulted.
It is not possible, or only extremely rare, to disinherit a legal heir through a will. Legal heirs are always entitled to their statutory share of the inheritance. If these rights are not taken into account in the will, the legal heirs can contest the will.