The Will in Switzerland: Forms and Validity
Holographic will, public will, succession contract: the forms of dispositions of last will in Swiss law according to the CO.
Last updated : 2026-04-07
Forms of Will in Swiss Law
The Swiss Civil Code provides for two main forms of will: the holographic will (art. 505 CC), which is entirely handwritten by the testator, dated and signed; and the public will (art. 499 CC), executed before a notary with two witnesses.
The reserved portions protect certain heirs (art. 471 CC): 1/2 of the legal share for descendants, 1/2 for the surviving spouse. Since the revision on January 1, 2023, the parents' reservation has been abolished, thereby increasing the available portion.
A will may be challenged by an action for annulment (art. 519 CC) in cases of incapacity to dispose, formal defect, illegal content, or defect of consent.
Frequently Asked Questions
Is a handwritten will valid in Switzerland?
Yes. A holographic will (art. 505 CC) is valid if it is entirely written in the testator's own hand, dated (day, month, year), and signed.
Can a Child Be Disinherited in Switzerland?
Not entirely. The descendants have a reserved portion of 1/2 of their legal share (Art. 471 CC). The testator can only freely dispose of the available quota.
What is the time limit for challenging a will?
The action for annulment (art. 519 CC) prescribes within one year from the knowledge of the grounds for annulment, with an absolute limitation period of ten years.
Editorial note
This article is provided for general information on Swiss law. It does not constitute legal advice and is no substitute for consulting a professional.
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