Inheritance Unworthiness in Swiss Law
Inheritance unworthiness is a sanction of Swiss civil law that deprives a person of their rights to the succession of a deceased by reason of particularly serious conduct committed towards the latter. Governed by arts. 540 to 542 of the Swiss Civil Code (CC), it operates by operation of law — that is, without a court decision being necessary to trigger the exclusion — but must generally be formally established by way of judicial proceedings at the request of the interested parties. PBM Avocats assists you in Geneva and Lausanne in complex succession proceedings.
Grounds of Inheritance Unworthiness (art. 540 CC)
Unworthy of inheriting is anyone who:
- Has intentionally and unlawfully killed or attempted to kill the deceased
- Has rendered the deceased incapable of establishing or modifying their testamentary dispositions (for example by sequestering them or intentionally depriving them of their mental faculties)
- Has deceived the deceased by fraud to induce them to establish, modify or revoke dispositions for death (will, succession agreement)
- Has threatened or coerced them by violence to perform those same acts
These grounds of unworthiness are exhaustive: only these specific acts of conduct give rise to statutory unworthiness. The list cannot be extended by analogy to other conduct, however serious.
Characteristics of Inheritance Unworthiness
| Aspect | Content |
|---|---|
| Operation by law | Unworthiness applies automatically upon the occurrence of the cause; no prior judgment is required |
| Judicial establishment | In practice, co-heirs must bring legal action to obtain formal establishment and the practical consequences |
| Representation by descendants | The children of the unworthy person may succeed in their place (art. 542 para. 2 CC), as if they had predeceased |
| Lapse by remission | The deceased may remit the unworthiness in their testamentary dispositions (art. 540 para. 2 CC) |
| Limitation of action | One year from the time the entitled parties became aware of the cause of unworthiness |
Unworthiness and Testamentary Dispositions
Unworthiness applies not only to the share of the legal heir, but also to testamentary liberalities (legacies, designated heirs) granted to the unworthy person. If the deceased was unaware of the cause of unworthiness when establishing their will, the dispositions in favour of the unworthy person are deprived of effect.
However, if the deceased established their will after becoming aware of the cause of unworthiness, the testamentary dispositions in favour of the unworthy person are maintained: the testator implicitly remitted the unworthiness (art. 540 para. 2 CC).
Effects of Unworthiness: Fate of Benefits Already Received
If the unworthy person has already received succession assets before the unworthiness is established, they are required to return them according to the rules of unjust enrichment (art. 62 ff CO). Fruits received and income derived from the assets must also be returned.
Unworthiness vs. Disinheritance: Comparison Table
| Criterion | Unworthiness (art. 540 CC) | Disinheritance (art. 477 CC) |
|---|---|---|
| Origin | Statutory (automatic) | Voluntary (act of the deceased) |
| Grounds | Serious acts against the deceased | Serious harm to the deceased or their close relatives, serious offence |
| Effects | Loss of all succession share | Suppression of the compulsory share |
| Representation | Descendants succeed in the place of the unworthy person | Same (art. 479 CC) |
What is inheritance unworthiness in Swiss law?
Inheritance unworthiness is a civil sanction that deprives an heir of their succession rights by reason of serious conduct committed towards the deceased or their close relatives. It is governed by art. 540 CC and operates by operation of law (without a judgment), but must generally be formally established by the court at the request of a co-heir or legatee who has suffered prejudice.
What conduct may result in inheritance unworthiness?
According to art. 540 para. 1 CC, unworthy of inheriting is anyone who has intentionally and unlawfully killed or attempted to kill the deceased; has rendered the deceased incapable of establishing or modifying their testamentary dispositions; has deceived the deceased by fraud to induce them to establish, modify or revoke dispositions for death (will, succession agreement); or has threatened or coerced them to perform those same acts.
Does unworthiness apply to all successions?
Unworthiness applies to intestate succession and to testamentary dispositions. It applies to any person who would have received anything from the deceased (legal heir, designated heir, legatee). The descendants of the unworthy person may nonetheless succeed in their place, as if they had predeceased (representation). Unworthiness may be remitted (forgiven) by the deceased in their dispositions for death.
How is unworthiness established in court?
Inheritance unworthiness is invoked by way of legal action by co-heirs or legatees who would have benefited from the exclusion of the unworthy person. The action is time-barred one year from the moment the claimants became aware of the cause of unworthiness. It may be brought before the competent civil court at the last domicile of the deceased.
Does unworthiness differ from disinheritance?
Yes. Unworthiness is a statutory automatic sanction (by operation of law) for serious conduct and excludes the unworthy heir from the succession irrespective of the deceased's wishes. Disinheritance (art. 477 CC) is an act of will by the deceased, expressed in a will, which deprives an heir of their compulsory share for specific statutory grounds (serious harm to the deceased or their close relatives). The two mechanisms are distinct but may be combined.