The will: What you need to know about your last wishes
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Inheritance Law 
6 min. Lesedauer
05. August 2025It’s not just for older people that it can be beneficial to write a will—even in your younger years, you should think about how to arrange your estate. This not only provides you with a certain amount of peace of mind, but also benefits your future heirs. Your rights are clear, and inheritance disputes are avoided. Learn more about what you should consider when making a will here.
What exactly is a will?
A will is a document that governs a person’s estate. In it, a person can specify what they wish to leave to whom. It is also known as a “testamentary disposition upon death.” As the testator, you have the opportunity to financially secure certain people after your death – as far as the law permits. Legal regulations, such as the right to a statutory share, cannot be overridden by a will.
A will can be drawn up in various ways and is valid both in a handwritten form and in a notarized form. As a special case, an oral will is also possible in certain situations. The legal basis can be found in Part III of the Swiss Civil Code (ZGB) under the heading “Inheritance Law.”
Will or inheritance contract – what’s the difference?
A will can be drawn up unilaterally – no other person is required besides the testator. An inheritance contract, on the other hand, requires the declaration of intent of both parties. Therefore, the testator and heir must not only be present, but also agree. An inheritance contract must also be publicly certified by a notary (Article 512 of the Swiss Civil Code).
Amendments are possible with both documents. To amend or revoke an inheritance contract, both parties must be present. This must be done in writing (Article 513 paragraph 1 of the Swiss Civil Code). Both the will and the inheritance contract must be drawn up voluntarily. They must not be based on error, deception, or coercion (Article 469 of the Swiss Civil Code).
Types of Wills
There are various forms available for creating a will. A public testamentary disposition is generally recommended. Various points must be considered for the validity of each form of will. A distinction is made between the following three types of wills:
1. Public will (Articles 499 et seq. of the Swiss Civil Code)
With a public will, you, as the testator, are assisted by a notary. Typically, a notary receives your last wishes and records them in writing. For such a will to be valid, two independent witnesses must be present at the execution. These witnesses cannot be heirs or direct relatives of the testator (including siblings or spouses). The witnesses do not need to know the contents of the will; they only need to attest to the person’s capacity to judge and act. The document is then signed by the person concerned and the notary. The notary will keep the will safe until the inheritance occurs. Alternatively, it can be deposited with the relevant official office.
2. Holographic will (Article 505 of the Swiss Civil Code)
This is the most straightforward form, as no other people are required to be present. The person concerned can write and keep the will themselves. A holographic last will and testament is a document written entirely by hand. It requires neither the testimony of other people nor the involvement of a notary. The following elements should be included to ensure the validity of the document:
- Title: Will or last will and testament
- Personal details of the testator
- Date of execution of the will (day, month, and year)
- Signature of the testator
You can keep the document in a safe place at home. However, it is also possible to deposit the will with a notary or the relevant authority for a fee.
Please note: Without legal assistance, this form of will is prone to errors. Formal errors can lead to the document being declared invalid. It’s therefore advisable to consult a professional during or after drafting your will. They can review the document and point out any errors. If you choose to keep your will at home, do so in a safe place. You should also ensure that it will be found after your death. It can be helpful to inform a trusted person of the will’s existence.
3. Special Case: Oral Will (Articles 506 et seq. of the Swiss Civil Code)
This type of last will and testament is colloquially referred to as an emergency will. An oral will is only possible in exceptional circumstances and only when the other two forms of will are not applicable. According to Article 506, Paragraph 1 of the Swiss Civil Code, this must be one of the following situations:
- Imminent danger of death
- Traffic closure
- Epidemic
- War events
In the presence of two witnesses, the last will of the person concerned is written down and submitted to the competent court. Alternatively, the two witnesses can record the will with the competent judicial authority. If the person concerned is subsequently able to make a public or handwritten will, this must be done within 14 days. Otherwise, the oral will loses its validity after this period (Article 508 of the Swiss Civil Code). It can therefore also be considered a provisional will.
Does every person have to write a will?
No, there is no obligation to make a will in Switzerland. Anyone is free to make one, provided they have the capacity to make a will. To do so, they must be of legal age, i.e., at least 18 years old. Furthermore, they must have the capacity to reason (Article 467 of the Swiss Civil Code). Even if there is no legal requirement, it can be advisable in most cases to make a will. The general rule is: If there is something to be inherited, a will should be made.
If there is no last will and testament in the form of a will or inheritance contract, the intestate succession rules apply (Articles 457 ff. of the Swiss Civil Code). According to this, the direct descendants, i.e., the testator’s children, inherit first, followed by the parents or grandparents. The surviving spouse is also included in the intestate succession rules (Article 462 of the Swiss Civil Code). Intestate succession rules can have particularly adverse effects on unmarried partners, as they have no right to inherit. Unmarried partners without a registered partnership can use a will to provide financial security for their partner.
How much does a will cost?
A handwritten will generally costs nothing. Neither notarization nor the presence of another person is required. Possible costs you may incur when drawing up a will include:
- Consultation or review of the will by a lawyer
- Notarization by a lawyer
- Storage with a notary or at the official office
Can a will be changed?
As a testator, you have the right to revoke your will in whole or in part at any time (Article 509 of the Swiss Civil Code). Destruction of the document is also permitted (Article 510 of the Swiss Civil Code).
In the case of a handwritten will, it is sufficient to draw up a new will in which the old one is expressly revoked. The same formal requirements apply to amending a public will as for its execution, i.e., a notary public and two witnesses must be present.
When is a will invalid?
Even if formal requirements or legal provisions (e.g., regarding statutory shares) have not been observed, a will is not invalid per se. However, it can be contested and declared invalid. This is the case, for example, in the case of formal defects (Article 520 of the Swiss Civil Code). Those affected can then file an action for abatement, which renders the document invalid.
Limits of a Will
In principle, any person can be named as an heir in a will. Even unborn children can be included (Article 544 of the Civil Code). However, as a testator, you should strictly observe the regulations. For example, the statutory share must be taken into account in every will (Article 471 of the Civil Code). The assets that you can freely dispose of in your will are also known as your free share. This is calculated by deducting both the statutory shares and any debts from your total inheritance (Article 470 of the Civil Code).
The statutory shares can only be circumvented in exceptional cases, for example, if an heir is disinherited or deemed unworthy to inherit. In certain cases, the statutory share can be excluded (Articles 477 et seq. of the Civil Code). This is also possible in connection with a waiver of inheritance (Article 495 of the Civil Code) or an inheritance contract – in both cases, the consent of the heir is required.
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FAQ: Will and Testament
In a will, you can specify who should inherit how much of your estate after your death. This will contain your personal information and that of your heirs. Your signature is mandatory – except in special circumstances.
You can name any person as your heir in your will. However, you must always adhere to the statutory share rules. Those entitled to a statutory share are direct lineal descendants, spouses or registered life partners, and parents.
In principle, you can keep your last will and testament at home, for example, in a safe. Make sure the document is found upon your death, or that a trusted person is aware of it. Alternatively, you can keep it with a notary public or at your local government office.
When preparing this form of will, you will receive guidance from the notary present. Formal errors are generally eliminated.
Anyone can create a handwritten will themselves. This is not only straightforward and time-saving, but also the most cost-effective method. Be sure to adhere to the formal requirements to avoid contestation.
An oral will is only permissible in exceptional circumstances. This is the case when the person in question is unable to use the other two forms of will. Specifically, this may be due to a risk of death, for example, due to illness or war.
A will can be amended or revoked entirely at any time. Revocation can be made either in the same form as the will was drawn up (publicly or handwritten) or by destroying the document.