Estate Planning · Switzerland
Find the right estate planning lawyer in Switzerland
Estate planning in Switzerland combines federal succession law with 26 cantonal systems, so the practical answer often depends on where you live and what you own. Tell us your situation and we will match you with a lawyer who handles wills, matrimonial property, inheritance tax and cross-border estates.
- Wills, inheritance agreements and compulsory portions under the Swiss Civil Code
- Cantonal inheritance tax and default matrimonial property regimes
- Free matching, with no obligation to instruct
No obligation. We only pass your request to a lawyer who handles estate planning in Switzerland.
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The Swiss framework
Estate planning across 26 cantons
Estate planning in Switzerland sits where federal succession law meets 26 cantonal systems. The Swiss Civil Code sets the framework, including the compulsory portion reduced in 2023, while inheritance taxation is a cantonal matter and courts are organised canton by canton, from Zürich to Genève to Lugano. If you own property, run a business, are married under a particular matrimonial regime or hold assets in more than one country, those details shape your options. An estate planning lawyer in Switzerland can draft or review a will, a marriage contract or an inheritance agreement, and explain the procedure and language of the canton handling your file. We are not a law firm: we listen and match you, free of charge, with a lawyer whose practice covers estate planning in Switzerland.
Switzerland in practice
How estate planning works in Switzerland
Estate planning in Switzerland is shaped by federal private law and by the canton where you live, hold property or are taxed. The points below summarise the framework that a specialist will apply to your file.
Wills, compulsory portions and testamentary freedom
Swiss succession law reserves a compulsory portion for certain heirs. Following the revision in force since 1 January 2023, the compulsory portion of descendants and of the surviving spouse or registered partner is one half of their statutory entitlement, and the compulsory portion of parents has been abolished (Art. 471 CC). A testator may now dispose freely of at least half of the estate.
Matrimonial property and the default regime
Unless the spouses sign a marriage contract, participation in acquired property (Errungenschaftsbeteiligung) applies automatically (Art. 181 CC). Each spouse keeps ownership of their own assets during the marriage; on dissolution, the acquisitions of each spouse are balanced and the surplus is shared equally. A marriage contract may instead choose community of property or separation of property (Art. 182 CC).
Inheritance and gift tax are a cantonal matter
Switzerland levies no inheritance or gift tax at federal level; inheritance taxation is exclusively cantonal and partly communal. The surviving spouse or registered partner is exempt in all cantons, and most cantons also exempt direct descendants, while rates and exemptions for other heirs vary considerably. The burden therefore depends on the deceased’s canton of residence.
One civil procedure code, 26 cantonal courts
Since 2011 a single federal Civil Procedure Code applies in every canton, replacing 26 cantonal codes. Court organisation, the composition of the judiciary, court fees and party compensation nonetheless remain largely cantonal. Because proceedings are conducted in German, French or Italian depending on the canton, the practical handling of an estate file is not uniform nationwide.
Who may act as your lawyer
To practise, a lawyer needs a cantonal practising certificate and entry on the cantonal lawyers’ roll under the Free Movement of Lawyers Act (BGFA). Admission in one canton is recognised nationwide, so a lawyer admitted in Zürich may represent parties throughout Switzerland. In civil matters there is no general duty to be represented (Art. 68 CPC), but before the Federal Supreme Court an admitted lawyer must act (Art. 40 BGG).
Cross-border estates and the Lugano Convention
Switzerland is not a member of the European Union; its relations with the EU rest on sectoral bilateral agreements. For cross-border civil and commercial matters, including disputes over estates with assets in several countries, Switzerland is party to the 2007 Lugano Convention, which aligns jurisdiction and the recognition and enforcement of judgments with the EU’s Brussels I regime.
Key time limit — Inheritance, Probate & Wills
Disclaimer or renunciation of an inheritance — 3 months. An heir who wishes to renounce the inheritance must declare the disclaimer within three months.
The country information on this page is taken from official Swiss sources (Fedlex, ch.ch and the Federal Office of Justice) rather than from commercial summaries.
- Swiss Civil Code (Zivilgesetzbuch / Code civil) — Fedlex
- Swiss Code of Obligations (Obligationenrecht / Code des obligations) — Fedlex
- Swiss Civil Procedure Code (ZPO/CPC) — Fedlex
- Federal Act on the Free Movement of Lawyers (BGFA) — Fedlex
- Federal Supreme Court Act (BGG) — Fedlex
- Lugano Convention 2007 — Federal Office of Justice
- Inheritance tax in Switzerland — ch.ch
Common difficulties
What makes Swiss estate planning demanding
The rules are federal, but the practice is local — and both change depending on your family and your assets.
Where you live changes the answer
Inheritance tax, court organisation and the language of proceedings are cantonal, so a comparable estate can be treated differently in Zürich, Genève or Lugano.
Family expectations meet testamentary freedom
Compulsory portions limit what you may leave to whom, and the 2023 revision shifted that balance. Without careful drafting, an intended gift may be reduced or contested.
Assets held in more than one country
Property abroad, foreign accounts or heirs living outside Switzerland raise questions of jurisdiction and enforcement that a purely domestic will may not answer.
Why use our matching
How we help you find the right lawyer
We do not advise you ourselves; we identify the lawyer whose practice fits your file and put you in contact.
Specialists in succession and matrimonial property
We match you with lawyers whose practice covers wills, inheritance agreements, compulsory portions and matrimonial property regimes under the Swiss Civil Code.
Cantonal knowledge where it counts
Your request reaches a lawyer who works in the canton concerned and knows its court practice, fee schedule and language of proceedings.
Cross-border experience
For estates touching the European Union, we look for lawyers familiar with the Lugano Convention and with the recognition of judgments and asset transfers.
Free and without obligation
Describing your situation costs nothing. You decide afterwards whether to instruct the lawyer, and the fee arrangement is agreed directly with them.
Cross-border
Estates connected to other European countries
Many Switzerland-based estates involve heirs, property or accounts in another jurisdiction. We work with lawyers who handle matters connected to neighbouring countries and to other European systems.
Questions
Estate planning in Switzerland: frequently asked questions
Do I need an estate planning lawyer in Switzerland to make a will?
Not always — Swiss law does not require a lawyer for every will, and in civil procedure there is no general obligation to be represented (Art. 68 of the Civil Procedure Code). Formal requirements, compulsory portions and cantonal practice nevertheless differ, so a lawyer can help ensure that your document is valid and reflects what you intend.
What is the compulsory portion in Swiss succession law?
It is the share reserved by law for certain heirs. Since the revision in force on 1 January 2023, descendants and the surviving spouse or registered partner are entitled to one half of their statutory share, and the compulsory portion of parents has been abolished (Art. 471 CC). You may therefore dispose freely of at least half of your estate.
Is there an inheritance tax in Switzerland?
There is no inheritance or gift tax at federal level; taxation is a cantonal and partly communal matter. The surviving spouse or registered partner is exempt in all cantons, and most cantons also exempt direct descendants. Rates and exemptions for other heirs vary significantly, so the burden depends on the deceased’s canton of residence.
Which canton governs my estate?
Inheritance tax depends on the deceased’s canton of residence. Court organisation, the composition of the judiciary, court fees and the language of proceedings are also largely cantonal, even though a single federal Civil Procedure Code has applied since 2011. This is why local practice matters as much as the federal statute.
How are lawyers’ fees for estate planning set in Switzerland?
Fees are freely agreed between the lawyer and the client or, where no agreement exists, determined according to the cantonal fee schedules; there is no binding federal tariff. If you lack sufficient financial resources and your case is not devoid of any chance of success, free legal aid under Articles 117 to 123 of the Civil Procedure Code may be available.
Can a lawyer admitted in another canton act for me, and what about estates abroad?
Yes. Under the Free Movement of Lawyers Act (BGFA), a lawyer admitted in one canton may represent parties before judicial authorities throughout Switzerland. For estates with assets or heirs outside the country, note that Switzerland is not an EU member but is party to the 2007 Lugano Convention, which governs jurisdiction and enforcement with EU states.
Free matching
Tell us about your estate — we will find the right lawyer
Describe your situation in a few lines: where you live, what you own and what you want to arrange. We will match you with an estate planning lawyer in Switzerland who handles that kind of file. The service is free and you are under no obligation to instruct anyone.