A will is the legal act by which a person — the testator — expresses their last wishes regarding the devolution of their assets after death. Under Swiss law, wills are governed by arts. 498 to 536 SCC. It constitutes the essential instrument of succession planning: properly drafted, it allows the protection of a spouse, a cohabiting partner, children from a first relationship, a charitable cause, or the organisation of the transfer of a family business. PBM Avocats in Geneva and Lausanne advises its clients on the drafting and planning of their testamentary dispositions.
Forms of Will Recognised under Swiss Law
Swiss law recognises three forms of will, each with its own validity conditions:
| Form | Legal Basis | Conditions | Advantages/Disadvantages |
|---|---|---|---|
| Holograph will | Art. 505 SCC | Entirely handwritten, dated (d/m/y), signed | Simple, free / Risk of nullity, ambiguity |
| Public will (notarial) | Arts. 499–501 SCC | Public officer + 2 witnesses, signature | Secure, authenticated / Cost, formalities |
| Oral will (emergency) | Arts. 506–508 SCC | 2 witnesses, immediate transcription | Last resort / Loses validity after 14 days |
The Holograph Will (art. 505 SCC)
The holograph will is the most common form in Switzerland due to its simplicity. Its validity conditions are strict:
- Entirely handwritten text: every word, figure and sign must be written by hand by the testator themselves; a printed or typewritten will is null and void;
- Complete date: the will must indicate the day, month and year; an incomplete date ("June 2024") may result in nullity if it is necessary to determine capacity or the chronological order of wills;
- Handwritten signature: affixed at the end of the document, preferably including the first name and surname; a simple initial may be insufficient;
- No witnesses are required, but this entails a higher risk of contestation.
The holograph will may be drafted in any language understood by the testator. It may be modified or revoked at any time by a new will or by destruction of the original (arts. 509–510 SCC).
The Public Will (Notarial, Arts. 499–501 SCC)
The public will is executed before a public officer (notary or civil registrar depending on the canton) in the presence of two witnesses. The procedure is as follows:
- The testator declares their wishes to the public officer, who records them in writing;
- The deed is read to the testator, who signs it in the presence of the public officer and the two witnesses;
- The public officer and the witnesses also sign the deed;
- The witnesses attest that the testator appeared to them to be of sound mind.
Excluded from the function of witness are: statutory heirs, designated legatees, their spouse or their ascendants and descendants (art. 503 SCC). The public will offers maximum legal certainty and is recommended for complex estates or delicate family situations.
Testamentary Capacity (Arts. 467–468 SCC)
To make a valid will, the testator must:
- Be at least 18 years of age (art. 467 SCC);
- Be capable of discernment at the time of drafting: understand the scope of the act, express a free and rational will. Capacity for discernment is presumed; it is for the person invoking incapacity to prove it at the time of drafting.
Temporary loss of capacity for discernment (advanced Alzheimer's disease, intoxication) does not render all acts null and void but only those executed precisely during the periods of incapacity. It is therefore recommended to draft one's will before such situations arise.
Content of the Will: What Can Be Included
A will may contain:
- Legacies (attribution of a specific asset to a person);
- Institutions of heir (attribution of a share of the estate);
- Substitution clauses (designating a replacement heir);
- Designation of an executor (art. 517 SCC);
- Charges and conditions imposed on heirs or legatees;
- Designation of a guardian for minor children;
- Disinheritance clauses in legally admitted cases (art. 477 SCC).
The will must always respect the forced shares of compulsory heirs. Any provision that infringes upon them is contestable by an action for reduction within one year of becoming aware of the infringement.
Frequently Asked Questions about Wills in Switzerland
Can a holograph will be written on a computer in Switzerland?
No. A holograph will must be written entirely by hand by the testator, dated (day, month, year) and signed by hand (art. 505 SCC). A will typed on a computer and printed is null and void, even if signed by hand. The reason is that handwriting allows the testator to be identified and serves as a graphological proof in the event of a dispute over authenticity. A holograph will must therefore be drafted entirely in the testator's own hand, including figures and names.
Can one make a will in favour of a cohabiting partner in Switzerland?
Yes, a will is the only means of protecting a cohabiting partner under Swiss succession law, since cohabiting partners have no statutory succession entitlement. With the 2023 reform, forced shares have been reduced (parents are no longer compulsory heirs), which increases the freely disposable portion. The testator may thus bequeath the entirety of the freely disposable portion to their partner. If the testator has descendants, their forced share (1/2 of the statutory share) must be respected. A succession agreement is also possible to further secure the partner's position.
How can a will be deposited in Switzerland for safe keeping?
Several options are available: (1) Deposit with the competent cantonal authority (the cantonal will registry, or the justice of the peace depending on the canton) — in Geneva, deposit with the Court of First Instance; (2) Deposit with a notary, who will ensure its conservation and notification to the authorities after death; (3) Personal conservation in a safe place, communicated to a trusted person. It is recommended to inform a close person of the existence and location of the will, as a will that cannot be found cannot be enforced.
When is a will null and void for formal defect?
The formal defects that result in nullity of the will depend on the type of will. For a holograph will: absence of entirely handwritten text, absence of date (day, month, year) or incomplete date, absence of signature, unsigned additions. For a public will: lack of intervention of a qualified public officer, absence of the two required witnesses, absence of signature by the public officer, incapacity of witnesses (heirs, legatees, spouse of an heir). Nullity for formal defect may be invoked within one year of becoming aware of the defect.
Can a will exclude a statutory heir in Switzerland?
Partially. The testator may exclude an heir from the succession but only within the freely disposable portion: compulsory heirs (descendants and spouse/registered partner) retain their statutory forced share regardless of what the will says. Exclusion of a compulsory heir from their forced share is only possible through a valid disinheritance clause, which requires the existence of a ground recognised by law (art. 477 SCC): a criminal act or serious offence against the testator or their close relatives, or a serious breach of family obligations towards the testator.