lack of a will and inheritance in Switzerland

Nowadays, there are two fundamental ways of inheriting leading to the acquisition of an estate from a deceased individual. Depending on whether the testator has left a legally relevant will, we encounter either statutory inheritance or testamentary inheritance. In the former case, the deceased’s wishes have no significance. The provisions of inheritance law are directly applied, and the estate is distributed to the closest relatives of the deceased.

In today’s article, we will present the most important issues related to statutory inheritance under Swiss inheritance law. Many Poles live in this country daily, having chosen to emigrate due to the prospect of significantly better earnings. In practice, clients often entrust us with their inheritance matters in Switzerland.

The primary legal act regulating inheritance matters in Switzerland is the Swiss Civil Code, known as the Schweizerisches Zivilgesetzbuch or ZGB. It addresses various aspects, including statutory inheritance. In the case of statutory inheritance, the estate of the deceased is divided among the so-called statutory heirs. According to Swiss inheritance law, they include:

• descendants of the deceased (§ 457 ZGB);
• parents of the deceased (§ 458 ZGB);
• more distant relatives of the deceased (§ 459 ZGB);
• the surviving spouse or registered life partner of the deceased (§ 462 ZGB);
• the canton in which the deceased had their last place of residence (§ 466 ZGB).

It’s important to note that Swiss inheritance law does not include the deceased’s concubine (or concubine) or close friends among the circle of statutory heirs. To leave even the smallest part of their estate to any of them, the testator is required to make an appropriate provision in their will.

Due to the complex nature of the topic, we have chosen to present only selected principles related to statutory inheritance under Swiss inheritance law.

1. Children of the deceased inherit in equal shares. If any of them did not survive the opening of the estate, their inheritance rights pass to their descendants.

2. If the deceased did not leave any descendants, the parents of the deceased inherit in equal shares. If one of them did not survive the opening of the estate, their descendants inherit. In the absence of descendants on one side, inheritance passes to the heirs on the other side.

3. The share of the estate that goes to the surviving spouse or registered life partner depends on the existence of other statutory heirs:

a) When inheriting with descendants, the spouse (partner) is entitled to half of the estate;

b) When inheriting with the parental line, the spouse (partner) is entitled to three quarters of the estate;

c) In the absence of other statutory heirs, the spouse (partner) is entitled to the entire estate.

Being called to inherit in Switzerland poses significant challenges for individuals from other countries. However, to claim an inheritance in Switzerland, formalities are unavoidable. Failure to comply with the legal obligations can lead to far-reaching consequences. This involves not only the potential imposition of fines but, worse yet, the loss of the inheritance. Most foreign nationals are not familiar with the provisions of Swiss inheritance law. Therefore, the safest course of action is to entrust your inheritance matter to an experienced professional familiar with Swiss inheritance law.

The lawyers at Lawyer in Europe have been working for many years to protect their clients’ inheritance rights. They have also helped in acquiring inheritance in Switzerland, and as such, they offer full support and invaluable experience. So, if you have been called to inherit in Switzerland or need to avail the services of a professional representative specializing in foreign inheritance law, don’t hesitate to contact our law firm. We will gladly provide the necessary support.