Inheritance contract & will

Both arrangements are part of estate planning under Swiss law (the Civil Code). A will is either handwritten in full, dated and signed by you (holographic will) or publicly notarised by a notary. An inheritance contract must always be publicly notarised and signed in the presence of two witnesses.

The key difference lies in how binding they are: a will can be revoked or amended by you alone at any time later. An inheritance contract, by contrast, binds both parties – in principle it can only be dissolved by mutual agreement. Both instruments must respect the statutory forced shares of close relatives, while you can freely decide over the disposable portion.

These instruments are needed when you want to deviate from the statutory order of succession: for example to benefit a cohabiting partner or a godchild, to hand over a business or a property in a targeted way, or to prevent disputes. An inheritance contract is especially suitable when an arrangement should be binding for everyone involved.

Pay attention to correct form and current circumstances: a formal error can render the document invalid, and outdated wills after marriage, divorce or the birth of a child often cause conflict. Seek guidance from a notary, a lawyer specialising in inheritance law or an estate advisory service, and review your arrangement regularly.