Revision of inheritance law as of January 1, 2023

On January 1, 2023, the revised inheritance law comes into effect in Switzerland. The revision was necessary because the previous inheritance law was considered outdated. The current inheritance law has only been sporadically revised since its enactment in 1912. However, in recent decades, society and family relationships have fundamentally changed and evolved. Now, deceased individuals can manage their assets more freely, as the statutory compulsory shares are reduced.

The most important points in brief:

·        The compulsory share for children is now ½ instead of ¾. Thus, the          decedent can dispose of at least 50% of their assets freely

·        The compulsory share for parents is completely abolished

·        The compulsory shares for spouses remain the same at ½

·        Divorced partners are no longer protected under the compulsory share. However, if one wants to completely disinherit their          partner, the will must be drafted after the          divorce

An important change also concerns occupational pensions and pillar 3a. Until now, both pension institutions were not regulated under inheritance law, as occupational pensions were introduced only about half a century (1972) after the well-known inheritance law came into effect. The third pillar was added even later (1987). Therefore, the assets from both pension institutions are now regulated for the first time.

Existing wills remain valid.