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Inheritance law

Inheritance Law in Switzerland is precisely regulated by various articles of the Civil Code. In the absence of a will or an inheritance pact, the law determines the shares allocated to different heirs.

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According to the Swiss Civil Code, the order of succession is determined by a system of the deceased's family relationships.

There are three different groups of heirs under the law:

  • The first group consists of the deceased's direct descendants (children, grandchildren, great-grandchildren, etc.).

  • The second group includes the deceased's parents and their descendants (i.e., the deceased's siblings).

  • The third group comprises the deceased's grandparents and their descendants.

There is a hierarchy among these three groups: as long as at least one member of the direct descendants is available to inherit, all members of the subsequent groups are completely excluded from the inheritance. If no one from the grandparental lineage is present, the inheritance is transferred to the canton and municipality of the deceased's last residence. The spouse or registered partner of the deceased inherits outside the order system, although they are considered a legal beneficiary.

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Three general principles apply to these family groups:

  • Equality: Heirs of the same generation inherit equally.

  • Priority: Within a group, the oldest generation has priority and excludes the following generations from inheritance.

  • Growth: If an heir does not inherit and is not represented, the share they would have received increases the shares of the other heirs within the same family group.

The proportions of each heir's share can vary significantly depending on the specifics of each case. Do not hesitate to contact our legal experts if you need assistance with inheritance law.

Articles on Inheritance Law

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