Can I write my will myself without a notary?

Yes, a holographic will is valid without a notary. However, it must be entirely handwritten, dated, and signed. For complex asset situations or to avoid formal errors, professional advice is still recommended.

What does a will cost at a notary?

The cost of a public will varies by canton and complexity, ranging between CHF 500 and CHF 2'000. A simple inheritance contract costs similarly; for complex arrangements, costs can be higher.

Can I name my spouse as sole heir?

Only partially: your children have a statutory entitlement of 50% of their statutory inheritance share, which you may not undercut. However, you can favor your spouse as much as possible by allocating them the entire freely disposable share plus their statutory entitlement.

What is the difference between a will and an inheritance contract?

A will is a unilateral document that you can change at any time. An inheritance contract is a bilateral legal arrangement that can only be changed with the consent of all parties. The inheritance contract offers more binding force but is less flexible.

How long is a will valid?

A will is valid indefinitely as long as it isn't revoked. There is no statute of limitations. However, it can become outdated due to life changes (e.g. divorce, new children) and should be reviewed regularly.

What happens if I don't have a will?

Then the statutory order of succession applies: spouse and children inherit set shares. Without children, your parents inherit alongside; without close relatives, the estate goes to the canton. Unmarried partners inherit nothing without a will.

Will & Inheritance Contract

Legally sound succession planning under Swiss law

What is a will, and when do I need an inheritance contract?

A will is a unilateral document that determines what happens to your assets after your death. Switzerland recognizes two valid forms: the holographic will (written entirely by hand, dated and signed) and the public will (drawn up before a notary and two witnesses).

An inheritance contract, on the other hand, is a bilateral legal arrangement between you and your heirs or other beneficiaries. It's more binding than a will, since it can only be changed with the consent of all parties. An inheritance contract is particularly suitable for patchwork families, business succession, or when you want to agree on reciprocal considerations.

Both instruments let you deviate from the statutory order of succession – but only within the limits of Swiss statutory entitlement (Pflichtteil) rules. Without a will or inheritance contract, the statutory order of succession applies automatically, which may not match your wishes.

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Why a will matters

Create legal certainty

A correctly drafted will or inheritance contract prevents disputes and ensures your wishes are legally enforceable.

Protect your partner optimally

Secure your spouse or life partner beyond the statutory minimum shares – especially important with real estate.

Flexibility in distribution

Decide for yourself who gets what, within the limits of the statutory entitlement. Also consider godchildren, friends, or charitable organizations.

Optimize inheritance tax

Through clever wording and choosing the right instrument, inheritance tax can be reduced in many cantons.

Pass on real estate purposefully

Clearly regulate who may take over the family home and under what conditions – avoid forced sales.

Preserve family harmony

Transparent arrangements prevent conflicts between heirs and preserve family harmony across generations.

In-depth knowledge

The holographic will: simple, but error-prone

The holographic will is the cheapest and simplest form. You don't need a notary – just paper and pen. However, three formal requirements must be strictly observed:

1. The entire text must be handwritten (no computer printout!) 2. A date including day, month, and year must be included 3. Your full signature is required

Common mistakes that lead to invalidity: computer printouts with a signature, missing or incomplete dates, illegible handwriting, unclear wording, or contradictions with earlier wills.

Tip: Deposit your holographic will with the civil registry office or with a trusted person. That way it will be reliably found in the event of your death.

The public will: maximum legal certainty

The public will is drawn up before a notary and two witnesses. The notary records your last will and ensures legally correct wording. This form is especially recommended for:

- Complex asset situations - Real estate holdings in multiple cantons or abroad - Business interests in the estate - Patchwork families with differing inheritance claims

The cost of a public will varies by canton, ranging between CHF 500 and CHF 2'000, depending on complexity. This investment is worthwhile if you want to ensure your will is 100% valid and uncontestable.

The inheritance contract: binding for all parties

The inheritance contract differs fundamentally from a will: it is a contract between two or more parties and can only be changed with everyone's consent. That makes it more binding, but also less flexible.

Typical use cases for an inheritance contract: - Renouncing inheritance in exchange for a settlement during your lifetime - Business succession arrangements - Mutual beneficiary designation for cohabiting couples - Agreements with caregivers or other reciprocal considerations

An inheritance contract must always be publicly notarized, i.e. before a notary. The costs are somewhat higher than for a public will, but it offers maximum planning security for all parties involved.

Statutory entitlement and freely disposable share: what you need to know

Swiss inheritance law protects certain heirs with statutory entitlements. These cannot be undercut by a will or inheritance contract. Since the 2023 inheritance law reform, the following statutory entitlements apply:

- Descendants: 50% of the statutory inheritance share (previously 75%) - Spouse/registered partner: 50% of the statutory inheritance share - Parents: no longer have a statutory entitlement since 2023

The freely disposable share is the portion of your estate you can distribute as you wish. The inheritance law reform significantly increased it, allowing more flexibility in estate planning.

Example: With an estate of CHF 1 million and a spouse plus two children, the freely disposable share is now 25% (CHF 250'000), which you can distribute freely.

Changing or revoking a will

A holographic or public will can be changed or revoked at any time. It's important to expressly revoke the old will to avoid contradictions.

Ways to make changes: 1. Draft a completely new will revoking the old one 2. Add a codicil (supplement to the will) 3. Physically destroy the old will

Changing an inheritance contract is more complicated: all parties to the contract must consent to the change. Unilateral changes are only possible if expressly reserved in the contract.

Recommendation: Review your will every 5 years or after major life changes (marriage, divorce, birth, purchase/sale of real estate, significant changes in wealth).

Avoid common mistakes

These are the mistakes we see most often in practice

Will written on a computer

A printed will is invalid in Switzerland – even with a signature. It must be entirely handwritten.

Unclear wording

Statements like 'my jewelry should go to my loved ones' lead to disputes. Name people and items specifically.

Statutory entitlement violated

If you allocate too little to entitled heirs, they can claim their statutory share and partially contest the will.

Old will not revoked

Multiple wills without revocation lead to ambiguity and costly legal disputes.

Will can't be found

The best will is useless if nobody finds it. Deposit it with the civil registry office or inform a trusted person.

Life partner forgotten

Unmarried partners inherit nothing without a will. In many cantons they also pay high inheritance taxes.

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