Death and the law: how legislation shapes our relationship with end of life

The legal framework of death: when the law regulates the inevitable

Death is a universal biological fact. Yet it cannot remain a purely private event. Funeral law intervenes from the first minutes following death to organise, regulate and protect.

A doctor must certify the death and issue a certificate. The civil registry must be informed within two days. Legal deadlines determine when burial or cremation must take place. These rules are not there to complicate grief, but to guarantee public order, public health and legal certainty.

In Switzerland, death law falls primarily under cantonal jurisdiction. Each canton sets its own rules on cemeteries, cremation or the scattering of ashes. Federal law intervenes mainly for succession, civil status and certain criminal aspects. This distribution explains the differences in practices between Geneva, Zurich or Valais.

The laws governing end of life in Switzerland

Switzerland has developed a unique legal framework in Europe concerning end of life. Active euthanasia remains prohibited, but assisted suicide is tolerated under strict conditions, notably via Article 115 of the Criminal Code.

Advance directives allow everyone to express their medical wishes should they become incapable of discernment. Palliative care benefits from growing legal recognition, with a right to dignified support.

Compared to its neighbours, Switzerland stands out for its tolerance towards assisted suicide. France and Germany prohibit it or regulate it more strictly. Belgium and the Netherlands authorise active euthanasia, which Switzerland still refuses. This position reflects a balance between individual autonomy and protection of vulnerable people. To explore the ethical debates further, consult our article on religions and euthanasia.

Assisted suicide: a regulated right

Article 115 of the Swiss Criminal Code punishes incitement to or assistance with suicide only if it is motivated by selfish motives. In the absence of such motives, assistance is legal. This wording creates a unique legal space.

Organisations such as Exit or Dignitas accompany people at the end of life. They verify capacity for discernment, the absence of external pressure and the persistence of the person's will. The doctor prescribes the lethal substance, but it is the person themselves who administers it.

This end of life legislation generates constant debate. Some see it as a victory for individual autonomy. Others fear abuses, particularly for elderly or disabled people. The cantons monitor practices and may impose additional conditions. The law remains in a fragile balance between freedom and protection.

Advance directives and living wills

Advance directives allow you to express your medical wishes for the day when you can no longer express yourself. They have binding legal value if they are clear, current and drafted with full capacity for discernment.

You can refuse certain treatments, request palliative care or designate a therapeutic representative. These documents avoid family conflicts and relieve loved ones of an enormous decision-making burden.

They can be modified or revoked at any time. Simply destroy them or draft new ones. To avoid misunderstandings, it is essential to discuss them with your loved ones. Our guide on how to approach death with your loved ones can help you with this.

Rights and duties after death: what the law says

Once death is certified, several legal obligations apply. A doctor must issue a death certificate. The family or relatives must declare the death to the civil registry within two days. The body must be buried or cremated within a deadline set by the canton, generally between 2 and 8 days.

Who has the right to decide on the funeral? The law establishes a clear hierarchy of entitled persons: spouse, children, parents, brothers and sisters. In case of disagreement, the justice of the peace may decide.

Heirs also inherit financial responsibilities. They must settle funeral expenses and may be required to pay the deceased's debts, unless they renounce the succession. These rules ensure that the rights of the deceased and the interests of society are respected.

Who decides on the funeral?

Swiss law establishes an order of priority to designate who makes funeral decisions. The spouse or registered partner comes first, followed by adult children, then parents, and finally brothers and sisters.

In case of family disagreement, the situation can become complex. If no consensus emerges, the justice of the peace may intervene. They will take into account wishes expressed during the person's lifetime, if they are documented.

Funeral wishes expressed during one's lifetime have strong moral value, but their legal force depends on their formalisation. A will may include funeral provisions. In case of conflict, the courts generally favour respect for the dignity of the deceased and their clearly expressed wishes. People without close family fall under municipal responsibility.

Financial obligations and succession

Funeral expenses are charged to the estate. If it is insufficient, heirs may be required to pay from their own funds, according to their degree of kinship and financial means.

Heirs also inherit the deceased's debts. They have a three-month period to accept the succession, repudiate it or request an official inventory. Repudiating the inheritance allows one to escape debts, but one also renounces all assets.

Family responsibility does not end at death. Bank accounts, subscriptions and taxes must be settled. The executor or heirs must manage these procedures. To better understand who can act after a death, consult our article on power of attorney after death.

Funeral law: between tradition and modernity

Funeral law has evolved considerably. In the past, religious burial was virtually mandatory. Today, freedom of choice dominates: cremation, burial, secular or religious ceremony.

Switzerland authorised cremation as early as 1889, well before many European countries. This openness has allowed a diversification of funeral practices. Burial concessions, once perpetual, are now time-limited in most cantons.

New practices are emerging: aquamation (dissolution by alkaline water), transformation of ashes into diamonds, biodegradable urns. The law sometimes struggles to keep up. Some innovations remain in a legal vacuum, which creates uncertainties for families. Mortuary regulation must adapt to societal changes whilst preserving dignity and respect.

Cremation and scattering of ashes: what does the law say?

Cremation is regulated by the cantons. Some require prior authorisation, others do not. The delay before cremation also varies by region, generally between 24 and 48 hours after death.

The conservation and scattering of ashes are subject to cantonal rules. In Switzerland, legislation is often more liberal than elsewhere in Europe. Ashes may be scattered in nature, provided certain places are respected (not on private property without authorisation, nor in sensitive public places).

Some cantons authorise the keeping of ashes at home, others prohibit it. Authorisation is always required for scattering. The general principle remains respect for the dignity of the deceased and protection of the environment. Death laws are evolving to integrate these new practices.

How laws influence our practices and attitudes

Legislation does not merely regulate: it shapes our behaviours and representations. The authorisation of assisted suicide has normalised a once-taboo conversation about end of life. It has given people at the end of life a sense of control.

Administrative simplification, driven by platforms such as Wolky, democratises access to legal information. Publishing an obituary online for 180 CHF rather than 800-2,000 CHF in the press changes the situation for many families.

Digital technology is also transforming our relationship with memory. Online memorial pages extend remembrance beyond traditional rituals. The law must now integrate these new realities: post-mortem digital identity, management of online accounts, protection of personal data after death.

Practical cases: when the law comes into play

Situation 1: A family is torn over the choice between burial and cremation. The deceased formalised nothing. The spouse wishes cremation, the children burial. The justice of the peace rules in favour of the spouse, who has priority according to the law.

Situation 2: An heir discovers that the deceased left more debts than assets. They request an official inventory and end up repudiating the succession to protect their personal assets.

Situation 3: A handwritten will is contested by an heir who believes that the deceased no longer had capacity for discernment. A retrospective medical assessment and testimonies are necessary to validate or invalidate the document.

Situation 4: A person dies with no known family. The municipality takes charge of organising the funeral and searches for possible heirs. Without successors, the assets revert to the canton.

Towards an evolution of death law?

Death law is in full transformation. Debates on active euthanasia resurface regularly. The ageing population raises new questions about autonomy at the end of life and dignity.

Body donation to science, post-mortem digital identity, management of social networks after death: all subjects that call for clear legal answers. Environmental concerns also influence practices: biodegradable coffins, cremation forests, carbon footprint of funerals.

The increasing individualisation of society pushes towards more freedom in funeral choices. But this freedom must be regulated to protect the most vulnerable. Staying informed and formalising one's funeral wishes becomes essential. To explore other dimensions of our relationship with death, consult our article on the perception of death in religions.

The law regulates every stage of end of life and death, from assisted suicide to advance directives, through to funeral arrangements and succession. These laws are not mere administrative constraints: they protect the dignity of the deceased, respect their wishes and avoid family conflicts. Understanding this legal framework enables us to anticipate with peace of mind and make informed decisions.

Swiss legislation is gradually evolving to adapt to new social realities and citizens' expectations. It reflects our collective relationship with death and influences our funeral practices in daily life. Knowing your rights and obligations helps you navigate these difficult moments with greater clarity.

When the time comes to announce a death, Wolky supports you with simplicity and respect. Publish an obituary online for 180 CHF and create a memorial space accessible to all, 24 hours a day.