Writing a will: everything you need to know at a glance

A will clearly and unambiguously regulates who is to inherit what. This ensures that important people are sufficiently taken into account for inheritance purposes. This applies in particular to cohabiting couples: without a will, the surviving partner receives no inheritance.

A will can also be important for homeowners. Otherwise, the surviving partner may have to sell the house or apartment in order to meet the inheritance claims of their descendants. In blended families, a will can be valuable, e.g. to ensure that stepchildren are fairly taken into account. Incidentally, Swiss inheritance law was reformed in 2023, since which time there has been more scope for individual arrangements.

A handwritten will must be written, dated and signed in full by hand in order to be legally valid. The text should be formulated as simply and clearly as possible so that there is no room for interpretation.

The other option is a public will. It is drawn up and notarized by a notary. This provides additional security. It is important that your last will and testament is formulated in writing – verbal promises to one or more persons do not meet the formal legal requirements and are often the cause of protracted family disputes.

In Switzerland, statutory succession determines who inherits and to what extent. Compulsory portions and a free quota determine who is entitled to which part of the estate. In the case of spouses, the division of property comes first, followed by the division of the estate. Detailed information on current inheritance law and the changes in 2023 can be found in this article: Swiss inheritance law.

Under Swiss law, spouses and descendants inherit equal shares of a decedent's estate. This can lead to the surviving spouse having to sell the house or condominium in order to make a payout to the children in accordance with legal requirements. If you want to prevent this, you can make other arrangements via a notarized marriage or inheritance contract, always within the framework of the legal possibilities. Such a contract is particularly important for cohabiting partners, as they would inherit nothing without a will. 

For cohabiting couples, it is particularly important to explicitly mention the partner in the will. He or she should know that too. Because without a will, there is no entitlement to any inheritance. If there is residential property and/or children, an inheritance contract can be useful to regulate the inheritance clearly and fairly. This ensures that there are no nasty surprises later on. 

An inheritance contract is concluded between several parties and can only be amended again with the consent of all parties involved. It must be notarized in order to be legally valid. All signatories must be present at this notarization. Either way, it is advisable to consult a specialist such as a lawyer, notary or trustee for more complex inheritance issues.

A will can be amended or revoked at any time by means of a new will. It should be clearly stated that the new will replaces all previous ones – to ensure that there can be no misunderstandings. Another option is a written declaration that meets the same formal requirements as the will itself. "I revoke the following item from my will dated ... The following now applies: ..."

Who knows how many wills lie dormant in drawers but are never found? Or how many are even deliberately suppressed because the finder stands to inherit more if no will is found? Uncertainties about inheritance are the stuff of epic family dramas. Experts therefore advise against keeping a handwritten will privately or in a bank safe. Instead, the will can be deposited with a notary, who will keep it safe. Alternatively, you can ask the municipality where the will can be publicly deposited. One public authority has this mandate in each canton.

In the case of assets abroad, you should check whether the Swiss will is recognized in the respective countries and which specific legal requirements must be taken into account. In such cases, it makes sense to seek advice from a specialist lawyer for international inheritance law. This is the only way to ensure that all assets are recorded and distributed correctly.

Personal information:

• full name, date of birth and address of the deceased
• date and signature of the will

Beneficiaries:

• full names and addresses of heirs
• clear allocation of the inheritance (e.g. assets, real estate, personal items)

Distribution of the inheritance:

• detailed instructions on the distribution of the estate
• regulations for the compulsory portion and the free quota

Special cases:

• appointment of a guardian for minor heirs
• special instructions for the management of companies or real estate

Substitute heirs:

• appointment of substitute heirs in the event that a named heir has predeceased or is unable to accept the inheritance

Funeral wishes:

• instructions on the type of burial and grave care

Executor of the will:

• appointment of an executor to implement the will
• contact details of the executor

Revocation of previous wills:

• clear declaration that all previous wills are revoked

Storage location:

• reference to the location of the will and, if applicable, information on public safekeeping