Swiss inheritance law is already somewhat outdated, or you could even say that it has clearly gathered dust. It came into force in 1912 and has only been revised selectively since then. As it is based on a traditional view of the family, it needs to be realigned and adapted to today's needs and circumstances.
The main aim of the revision is to extend the testator's freedom of disposal over their assets. For example, the compulsory portion for parents has been abolished and that of descendants reduced from 3/4 of the statutory inheritance entitlement to 1/2 of the statutory inheritance entitlement. This means that anyone wishing to arrange their estate in accordance with their wishes by means of a will will be less restricted by compulsory portions in future. However, the fact that unmarried partners will in future have a reciprocal inheritance claim was discussed but not changed. Accordingly, people living in so-called de facto partnerships must continue to favor their life partners in their will or inheritance contract if they want them to share in their estate. The compulsory portion of the spouse and registered partner also remains unchanged.
Another aim of the revision is to facilitate succession planning for family businesses by reducing the mandatory portions, which will have a positive effect on the stability of companies and secure jobs. In order to remove further stumbling blocks in this respect, the legislator intends to facilitate company succession in the medium term with further inheritance law measures.
The revision was approved by the Federal Assembly on December 18, 2020 and will enter into force on January 1, 2023 in accordance with the Federal Council resolution of May 19, 2021. If you are planning to think about your inheritance in the near future, it is worth taking these changes into account.
We look forward to exchanging ideas with you.
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