How can you make a will in Switzerland?

To make a will in Switzerland, you must first meet certain requirements. You must be at least 18 years old and capable of making decisions. In Switzerland, a person is considered capable of making decisions if they are mentally capable of acting rationally.

Persons suffering from a mental disability or under the influence of drugs or alcohol cannot make a will. A will made under the influence of alcohol or drugs is therefore invalid, as the testator lacks capacity at the time of making it. However, this incapacity must be asserted and proven through an invalidity suit.

Why write a will?

How and when you make a will is up to you. There is no legal requirement to make one. If a deceased person has not made a will, the rules of intestate succession according to Articles 457 to 640 of the Swiss Civil Code (ZGB) apply to distribute the assets among the legal heirs and according to the prescribed inheritance quotas. However, if you want to ensure that your final wishes are respected after your death, we recommend that you make a will. This will help you avoid potential inheritance disputes by making all necessary arrangements while you are still alive.

When should you make a will?

Aside from the legal minimum age of 18, Swiss law does not specify a specific age at which a will must be written. The decision to make a will can be made at a very young age and depends less on the testator’s age than on their financial situation. Particularly when there are large assets to be inherited, it may be advisable to make a will early on to regulate who should inherit these assets after death. Making a will is particularly recommended for cohabiting couples, as the surviving partner is not considered in the statutory inheritance process in Switzerland.

Can I write my own will?

In Switzerland, it is entirely possible and legal to write a will yourself. The involvement of a lawyer or notary specializing in inheritance law is not mandatory, but highly recommended. Mistakes can invalidate the will, and inaccurate wording can lead to disputes among heirs over the interpretation of your wishes. Such errors and ambiguities in wills are indeed common and lead to conflicts within families and communities of heirs. Inheritance law specialists can prevent this and provide you with expert advice when drafting your will.

A will can take various forms. According to Article 498 of the Swiss Civil Code (ZGB), the legally recognized forms are the handwritten will, the public will, and the oral will, also known as an emergency will. Here you will find details on the various forms of wills that exist in Switzerland.

The handwritten will

The handwritten will, also known as a handwritten disposition, is the most common form of will. It is a handwritten statement of the testator’s last wishes. However, for a handwritten will to be valid, it must meet certain formal requirements according to Article 505 of the Swiss Civil Code. For example, it must contain the exact date of its drafting and the testator’s signature, and the word “Testament” must appear in the title.

The Public Will

A public will is a will that, in accordance with Articles 499 to 504 of the Swiss Civil Code, is drawn up by a notary in the presence of two witnesses. The notary records the will confidentially. The two witnesses do not know the contents of the will but merely testify to the testator’s capacity. After execution, the will is deposited with the competent authority.

The Oral Will (Emergency Will)

The emergency will, in accordance with Article 506 of the Swiss Civil Code, is an oral will that, as the name suggests, may only be used in an emergency, i.e., in cases of imminent danger. It can be drawn up orally in front of two witnesses. These witnesses are responsible for recording the testator’s last wishes in writing, including the date of execution, signing the document, and submitting it to the competent court. They must also explain the exceptional circumstances that led to the execution of an oral will. If the testator is subsequently able to dispose of his estate in another way, the emergency will loses its validity within 14 days (Article 508 of the Swiss Civil Code).

For your handwritten will to be valid, you must observe certain requirements when drawing it up. For this reason, it is generally advisable to seek advice from a lawyer or notary public when drawing up a will.

In any case, ensure that the document meets the following formal requirements:

• The word “Will” appears in the title.
• The testator is identified by his or her surname, first name, date of birth, and place of residence.
• If applicable, it should be noted that any previously executed wills are being revoked.
• The last will and testament comply with the law.
• If applicable, an executor is named.
• The place and date of execution are stated.
• The will is signed by the testator’s handwritten signature.

Where is the will kept?

It is certainly possible to keep your will at home instead of depositing it with a notary. However, if you keep your will yourself, it is advisable to deposit it in a safe deposit box, for example, at a bank. It is also especially important in this case to inform your loved ones that you have written down your last wishes and to ensure they can find the document after your death. It is also possible to give the document to a trusted person for safekeeping so that you do not have to keep it at home yourself.

Tip: It is also a good idea to record the location of your will by making a note in the official Swiss will register. This register does not store the will itself, but only the information about its location, so that it can be found by your heirs later.

Can a will be amended or revoked?

The testator can amend or revoke their will at any time. In a handwritten will, the changes must be dated and signed. If several changes are to be made, it is advisable to draw up a new will.

In Switzerland, it is also possible to arrange the transfer of assets without making a will. The two most common alternatives are an inheritance contract and a gift agreement.

An inheritance contract is concluded between the testator and one or more heirs. Unlike a will, this contract must be notarized and cannot be unilaterally modified or revoked (Articles 512 to 516 of the Swiss Civil Code).

Gifts under Articles 239 to 252 of the Swiss Code of Obligations (CO) can also be made by means of a gift agreement. This allows you to transfer part of your assets to one or more heirs during your lifetime in the form of a gift.

Under Swiss law, legal heirs cannot be disinherited by will unless there is a compelling reason for disinheritance within the meaning of Article 477 of the Swiss Civil Code. Spouses, registered partners, and descendants generally have a legal right to their so-called statutory share. To lose this right, a compelling reason must exist, which the court will decide upon if the disinherited person contests the will.

Tip: It is possible to name only one heir in a will. However, this does not apply to those entitled to a statutory share, such as the testator’s children. Even if a sole heir is appointed, the children will receive their statutory share. Consult an inheritance law expert to find and draft legally valid and fair provisions for your will.

What is an executor?

An executor is responsible for administering your estate and ensuring that your will is legally executed. Appointing an executor is not required by law, but it is recommended, especially if there are many minor heirs or complex family circumstances.

The executor should be a trusted person. In principle, anyone can be appointed as an executor, provided they are legally competent. It is generally advisable to entrust this task to a neutral person outside the family.