Succession in Switzerland: Legal Shares and Statutory Portions

Intestate Succession

Order of Heirs (Parentelic System)

First parentela (art. 457 CC): descendants. Equal shares; grandchildren by representation. Second parentela (art. 458 CC): parents and their descendants (siblings). Third parentela (art. 459 CC): grandparents and their descendants (uncles, aunts, cousins).

Surviving Spouse (art. 462 CC)

With descendants: 1/4. With parents (or their descendants): 1/2. Alone (no first/second parentela heirs): entirety.

Statutory Shares (art. 471 CC, revised 2023)

Only descendants and surviving spouse/registered partner are protected:

1. Descendants: half of their legal share
2. Spouse/registered partner: half of their legal share
3. Parents: no longer protected since 2023

Disposable Portion

Examples: Spouse + children: reserves 1/2, disposable 1/2. Children only: reserves 1/2, disposable 1/2. Spouse + parents (no children): reserves 1/4 (spouse only), disposable 3/4.

Succession Pact (art. 494-497 CC)

Contract between the testator and an heir/third party. Must be in public will form (art. 512 CC). An heir may waive their statutory share by succession pact (art. 495 CC).

Estate Division

Heirs form a community of heirs (art. 602 CC). Division may be amicable or court-ordered. Forced heirship action (art. 522 CC): if the disposable portion is exceeded. One-year deadline from knowledge, ten-year absolute limit (art. 533 CC). Division action (art. 604 CC): any heir may request at any time.