Inheritance: How to Contest a Will in Switzerland

Contesting a Will in Switzerland

Two main legal avenues allow contesting a will under Swiss law: the action for annulment and the action for abatement.

Action for Annulment (Art. 519-521 CC)

The action for annulment aims to annul the will due to a defect. Grounds for annulment are:

1. Formal defect (art. 520 CC): the will does not comply with prescribed forms (holographic will not entirely handwritten, public will without the required witnesses)
2. Lack of capacity to dispose (art. 519 para. 1 no. 1 CC): the testator lacked capacity of discernment at the time of drafting
3. Defective intent (art. 519 para. 1 no. 2 CC): the will was drafted under the influence of error, fraud or duress
4. Illegal or immoral content (art. 519 para. 1 no. 3 CC)

The limitation period is one year from knowledge of the defect and in any event 10 years from the opening of the succession (art. 521 CC).

Action for Abatement (Art. 522-533 CC)

The action for abatement does not aim to annul the will but to correct dispositions that infringe on forced heirship shares.

Forced heirs are:

1. Descendants: forced share of 1/2 of their statutory share (art. 471 no. 1 CC, since the 2023 revision)
2. Surviving spouse or registered partner: forced share of 1/2 of their statutory share (art. 471 no. 3 CC)
3. Parents: no longer have a forced share since 1 January 2023

The limitation period is one year from knowledge of the infringement and in any event 10 years from the opening of the succession (art. 533 CC).

The Disposable Portion

The disposable portion is the share of the estate that the testator may freely dispose of, after deduction of forced shares. Since the 2023 revision, the disposable portion has been increased, offering greater freedom to the testator.

Procedure

The action must be brought before the court of the deceased's last domicile. The heir who challenges must prove the defect (annulment action) or the infringement of their forced share (abatement action).

Costs

Court and lawyer fees are borne by the losing party. Legal aid may be granted to heirs who lack the means to finance the proceedings.