In Swiss inheritance law, any person who is capable of judgement and has attained the age of 18 may express his or her last wishes in order to settle the fate of his or her assets.
In order to produce its full legal effects, the will must adopt one of the three forms formally provided for and regulated by federal law.
The two ordinary testamentary forms
In ordinary life, the testator freely chooses to arrange his or her succession by a personal handwritten instrument or through a public official:
- The holographic will: This is the most common form; it must be written, dated (the year, month and day must be stated) and signed entirely in the testator’s own hand. A typewritten, printed or scanned document has no validity.
- The will by public deed: This official instrument is drawn up by a notary or a public official in the presence of two witnesses; depending on the circumstances, the testator reads and signs the deed himself or herself, or has it read by the public official if he or she is unable to read or write. The witnesses attest to his or her capacity to dispose and to his or her declaration, without necessarily knowing the content of the dispositions.
The extraordinary form and the prohibition of the joint will
The legislature reserves a strict exceptional regime for situations of absolute emergency, while formally prohibiting certain practices:
- The emergency oral will: It may be used only where extraordinary circumstances prevent recourse to another form (imminent danger of death, war or epidemic). The testator must communicate his or her wishes to two witnesses at the same time, who are required to record the instrument in writing at once and to lodge it without delay with a judicial authority. The instrument ceases to be valid once fourteen days have elapsed after the testator has regained the possibility of making a will in an ordinary form.
- The prohibition of the joint will: Swiss law prohibits a joint will drawn up in common by two persons (in particular spouses or cohabiting partners) on the same document. A reciprocal disposition mortis causa necessarily requires a contract of succession concluded in the authentic form of the will by public deed.
Whatever the form, the testator must respect the statutory entitlement. The role of AI in preparing a will by public deed is described in this guide.
Legal sources
Federal legislation:
- Art. 467 CC (capacity to dispose by will)
- Art. 498 CC (recognition of public, holographic, and oral forms)
- Art. 499 CC (wills by public deed and authorized officials)
- Art. 505 CC (formal requirements for holographic wills: handwriting, date, and signature)
- Art. 506 CCandArt. 508 CC (conditions for extraordinary oral wills and expiration after 14 days)
- Art. 512 CC (mandatory authentic form for inheritance contracts)
Federal case law:
- BGE 143 III 640 (strict cumulative conditions and the procedure for filing emergency oral wills)
- Federal Supreme Court judgment 5A_869/2024 (strictness of formal requirements for holographic wills and the invalidity of typewritten documents or copies)
- BGE 89 II 284 (absolute prohibition of joint wills under Swiss law)