Wills in Switzerland: Drafting and Validity

Forms of Will

Holographic Will (art. 505 CC)

Must be entirely handwritten, dated (year, month, day) and signed by the testator. All three conditions mandatory. A typed, printed or third-party-written will is invalid even if signed. Simplest and most common form. Recommended to deposit with a notary or cantonal authority.

Public Will (art. 499-501 CC)

Received by a public official (notary) with two witnesses. The testator declares their wishes; the official drafts. The testator reads and signs; witnesses attest. Greater legal security, recommended for complex estates.

Oral Will (art. 506-508 CC)

Exceptional: only in extraordinary circumstances preventing other forms (imminent death, epidemic, war). Testator declares before two witnesses who immediately commit to writing.

Content

Freedom to Dispose

The testator may freely dispose of the disposable portion not covered by statutory shares. May bequeath to individuals or legal entities, create foundations, appoint executors or impose charges.

Statutory Shares (art. 471 CC, revised 2023)

1. Descendants: half their legal share (art. 471 ch. 1 CC)
2. Surviving spouse/registered partner: half their legal share (art. 471 ch. 3 CC)
3. Parents: no longer protected since 2023

The 2023 revision increased the disposable portion.

Disinheritance (art. 477 CC)

Possible only if the heir committed a serious criminal offence against the testator or close relatives, or seriously breached family duties.

Revocation and Modification

The testator may revoke at any time (art. 509 CC): by new will, destruction or explicit declaration. A later will revokes prior inconsistent provisions (art. 511 CC).

Opening

After death, the will must be submitted to the competent authority (art. 556 CC), which opens it and communicates its content to heirs and legatees.