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.\n\nThe 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.\n\nThese 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.\n\nPay attention to correct form and current circumstances: a formal error can render the document invalid, and outdated wills after marriage, divorce or the birth of a child often cause conflict.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.
Inheritance contract & will
A will and an inheritance contract are legal instruments for determining what happens to your assets after your death. A will is a one-sided disposition you can change on your own at any time, whereas an inheritance contract is a binding agreement between you and another person.
Example
A couple from Winterthur has lived together for many years without being married. Since the surviving partner would inherit nothing under the statutory order of succession, they conclude an inheritance contract with a notary that benefits the other within the disposable portion. This secures their jointly owned flat for the surviving partner.
Frequently asked
What is the difference between a will and an inheritance contract?
A will is a one-sided disposition that you can amend or revoke on your own at any time. An inheritance contract is a binding agreement between you and another person and can generally only be dissolved by mutual consent. The inheritance contract therefore offers more certainty, the will more flexibility.
Do I need to go to a notary for a will?
No, you can write a holographic will yourself: it must be entirely handwritten, dated and signed. An inheritance contract, however, must always be publicly notarised. In complex situations, notarial or legal advice is still recommended to avoid formal errors.
Can I completely disinherit my children?
Only to a limited extent. Swiss inheritance law provides a forced share for close relatives that guarantees them a minimum portion. You can freely decide over the disposable portion, though. Complete disinheritance is only possible in exceptional cases and under strict legal conditions.