Wills in Switzerland: rules, content and advice for drafting them properly

Why draft a will in Switzerland

Drafting a will allows you to control the transmission of your estate according to your wishes. Without a will, legal succession applies automatically, according to the rules of the Swiss Civil Code.

A well-drafted will protects your loved ones, avoids family conflicts and ensures that your assets go to the people of your choice. You can favour certain heirs, make specific bequests or support a cause that is close to your heart.

The will is part of a broader approach to advance planning, which also includes your funeral arrangements and makes life easier for your loved ones after your death.

The different types of wills recognised in Switzerland

Swiss law recognises three forms of valid wills under the Civil Code:

Holographic will: written by hand, dated and signed by the testator
Public (authentic) will: drafted by a notary in the presence of two witnesses
Oral will: reserved for exceptional emergency situations

Each form has advantages and disadvantages depending on your personal situation, your estate and your legal security needs.

The holographic will is the simplest and most economical. The public will offers maximum legal guarantee. The oral will remains very rare.

The holographic will

The holographic will is entirely handwritten, dated and signed by your hand. It is the most common form in Switzerland.

Advantages: free, confidential, modifiable at any time without formality. You draft it alone, without witnesses or professional intervention.

Validity conditions: written entirely by hand (no computer), dated with day, month and year, signed with your full name.

Limitations: risk of legal errors, ambiguous wording or non-compliance with statutory shares. Delicate storage: the document can be lost or destroyed.

The public (authentic) will

The public will is drafted by a notary in your presence and that of two witnesses. The notary records your wishes in an official deed.

Process: you express your wishes to the notary, who drafts the document in precise legal language. You validate the text, then sign with the witnesses.

Costs: variable according to cantons and complexity, generally between 500 and 1500 CHF.

Recommended if: large or complex estate, blended family, beneficiaries abroad, family business. The notary guarantees legal validity and keeps the original securely.

The oral will

The oral will is an exceptional form reserved for absolute emergency situations: imminent danger of death, war, natural disaster, total isolation.

Strict conditions: declaration made before two witnesses, who must immediately record your wishes in writing and have them authenticated by an authority.

Limited validity: the oral will loses its validity 14 days after you have regained the possibility of making a will in another form.

In practice, this form is extremely rare and should only be used as a last resort.

The legal succession rules in Switzerland

Without a will, the law determines who inherits and in what proportions. The Swiss Civil Code establishes an order of legal heirs: descendants, spouse, parents, brothers and sisters, then other relatives.

Even with a will, you must respect the statutory shares: mandatory minimum shares for certain close relatives (statutory heirs).

You can freely dispose only of the disposable portion, that is to say the part of your estate that remains after deduction of the statutory shares.

Understanding these rules is essential to draft a valid will and avoid disputes.

Who are the statutory heirs

Statutory heirs are entitled to a minimum share of your succession, which you cannot completely remove from them.

Statutory heirs under Swiss law:

Descendants (children, grandchildren): 3/4 of their legal share
Surviving spouse: 1/2 of their legal share
Parents: only in the absence of descendants, 1/2 of their legal share

Brothers, sisters and other relatives have no statutory share. You can exclude them completely from your succession.

The disposable portion

The disposable portion is the part of your estate that you can freely dispose of by will, after having respected the mandatory statutory shares.

Concrete example: you leave a spouse and two children. Statutory shares: spouse 1/4, children 3/8 each (total 1/2). Total statutory shares: 1/4 + 1/2 = 3/4. Disposable portion: 1/4 of your estate.

This disposable portion can be allocated to whomever you wish: a legal heir (to increase their share), a friend, an association, a partner.

Warning: exceeding the disposable portion makes the will partially invalid and exposes your heirs to disputes.

How to draft a valid holographic will

Drafting a holographic will is simple if you follow the validity rules of Swiss law. Here are the essential steps:

1. Write entirely by hand on white paper, in indelible ink.
2. Indicate the title "Will" at the top of the document.
3. Date precisely (day, month, year).
4. Draft your dispositions clearly and precisely.
5. Sign with your full name at the end.

Use simple and direct language. Clearly identify the beneficiaries (surname, first name, relationship). Avoid ambiguous wording.

The mandatory provisions

For a holographic will to be valid, it must contain these essential elements:

Title: mention "Will" or "My last wishes"
Complete date: day, month and year (e.g. "15 March 2024"). Without a date, the will is void.
Identity of the testator: your surname, first name, date of birth
Clear dispositions: who inherits what, specific bequests
Handwritten signature: your full name at the end of the document

Each element is essential. The absence of a single one can invalidate the entire will.

Common testamentary dispositions

Here are the most common clauses in a will:

Designation of heirs: "I appoint as universal heir..."
Specific bequests: "I bequeath my watch to my nephew Pierre"
Partial disinheritance: limiting an heir's share to their legal statutory share
Executor: person responsible for ensuring your wishes are respected
Funeral arrangements: wishes for your funeral

Use simple and precise wording. Clearly identify each beneficiary. Respect statutory shares to avoid disputes.

Model holographic will

Example of simple structure:

"Will
Geneva, 15 March 2024
I the undersigned, [First name Surname], born on [date], domiciled at [address], revoke all previous dispositions and appoint as my heirs:
- My wife [Surname First name] for half of my assets
- My children [Names] for the other half, in equal shares
I bequeath my library to my friend [Surname First name].
I appoint [Surname First name] as executor.
[Handwritten signature]"

Warning: adapt this model to your situation. Consult a professional if in doubt.

Common mistakes to avoid

Certain mistakes can invalidate your will or create conflicts between heirs. Here are the most common pitfalls:

Typed or printed will: a holographic will must be entirely handwritten
Absence of date or signature: the will is then void
Imprecise wording: "my jewellery" without specifying which or to whom
Non-compliance with statutory shares: completely disinheriting a statutory heir
Joint will between spouses: prohibited in Switzerland, each must draft their own

Vigilance on these points guarantees the validity of your will.

Typed or printed will

A holographic will must be entirely written by hand. A document typed on a computer, printed and then signed is not valid in Switzerland.

Risks: total invalidity of the will. Your wishes will not be respected and legal succession will apply.

Exception: the public (authentic) will drafted by a notary can be typed, as it follows an official procedure with witnesses.

If you have difficulty writing by hand, favour the public will rather than a printed document.

Ambiguous or contradictory wording

Clarity is essential in a will. Vague or contradictory wording generates conflicts between heirs and costly legal proceedings.

To avoid: "I leave my assets to my loved ones" (who are your loved ones?), "My eldest son will have more" (exactly how much?), "My house will go to Marie or Paul" (which of the two?).

Prefer: "I bequeath my house located at [address] to my daughter Marie Dupont", "My son Paul Dupont will receive 60% of my liquid assets".

Precisely identify people (surname, first name, relationship) and assets (description, address).

Storage and registration of the will

A well-drafted will is useless if it is not found after your death. Choose a safe and accessible storage location.

Recommended options:

Central register of wills: optional registration but strongly recommended
Deposit with a notary or lawyer: maximum security
Bank safe deposit box: beware of access delays after death
Home: in a location known to a trusted person

Inform at least one trusted person of the existence and location of your will. This information will facilitate the administrative formalities after your death.

Modification and revocation of the will

You can modify or cancel your will at any time, as long as you have full legal capacity.

To modify: draft a new complete will (which replaces the old one) or a codicil (addition or partial modification). Date each version precisely.

To revoke: physically destroy the will (tear, burn) or draft a new will incompatible with the previous one. Explicitly mention "I revoke all previous dispositions".

Important: keep only the most recent version to avoid confusion. In case of contradictory versions, the most recent prevails.

When to consult a professional

A simple will can be drafted alone without difficulty. However, certain situations require the support of a notary or lawyer specialising in succession law:

Large or complex estate: multiple properties, financial investments
Blended family: children from different unions
Beneficiaries abroad: international tax issues
Family business: transmission of professional activity
Legal doubts: statutory shares, validity of clauses

A professional guarantees legal validity and optimises transmission according to your objectives.

Will and funeral arrangements

You can include your wishes concerning your funeral in your will: burial or cremation, type of ceremony, location, music, texts.

Important limitation: these funeral arrangements have no legally binding value in Switzerland. They guide your loved ones but do not legally oblige them.

Recommended alternative: draft a separate document specific to your funeral wishes, more easily accessible than the will. Inform your loved ones of its existence.

This approach is part of comprehensive advance funeral planning, which relieves your loved ones of difficult decisions at the time of bereavement.

Drafting a will in Switzerland allows you to control the transmission of your estate and express your last wishes within the legal framework. The holographic will, entirely handwritten, dated and signed, remains the most accessible form for the majority of situations. Respect the statutory share rules, be precise in your wording and keep your document in a safe place.

Beyond estate matters, also consider recording your funeral arrangements: type of ceremony, burial or cremation, choice of funeral director. These instructions relieve your loved ones of difficult decisions to make in the urgency of bereavement. Discover how to plan your funeral during your lifetime to offer your family the peace of mind of honouring your memory according to your wishes.

If your family or estate situation is complex, do not hesitate to consult a notary or lawyer specialising in succession law to legally secure your dispositions.