Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
I. Jurisdiction
1. In general
Art. 86
1 The Swiss judicial or administrative authorities at the last domicile of the deceased have jurisdiction to take the measures required to settle the estate and to hear disputes relating thereto. 2 Exclusive jurisdiction claimed by a state where immovable property is located is reserved.
Para. 1 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
2. Jurisdiction at the place of origin
Art. 87
1 If the deceased was a Swiss citizen domiciled abroad, the Swiss judicial or administrative authorities at the testator’s place of origin have jurisdiction for the estate to the extent that the authorities in the state of domicile do not deal with the estate. In order to avoid conflicts of jurisdiction, the Swiss judicial or administrative authorities may decline jurisdiction, to the extent that the authorities in a foreign state of which the deceased was a citizen, in the state of the deceased's last habitual residence or, where the matter relates to individual assets in the estate, the state in which the assets are located deals with the estate. 2 The judicial or administrative authorities at the place of origin always have jurisdiction when a Swiss citizen who had their last domicile abroad submits, in a will or a contract of succession, their entire estate or assets located in Switzerland to Swiss jurisdiction or to Swiss law without reservation as to jurisdiction. Article 86 para
Para. 1 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Para. 2 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
3. Jurisdiction at the location of assets
Art. 88
1 If the deceased was a foreign citizen domiciled abroad, the Swiss judicial or administrative authorities at the location have jurisdiction to deal with those parts of the estate that are located in Switzerland to the extent that the authorities at the place of domicile do not deal with them. In order to avoid conflicts of jurisdiction, the Swiss judicial or administrative authorities may decline jurisdiction, to the extent that the authorities in a foreign state of which the deceased was a citizen or in the state of the deceased's last habitual residence deal with the estate. 2 If there are assets located in different places, the Swiss authority before which the matter was first brought has jurisdiction.
Para. 1 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
3a. Lis pendens
Art. 88a
Article 9 applies by analogy to the procedure for settling the estate as a whole.
Art. 88a — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
3b. Exclusion of Swiss jurisdiction
Art. 88b
1 Jurisdiction in accordance with Articles 86–88 is excluded, insofar as the deceased has submitted their estate by a will or contract of succession in whole or in part to the jurisdiction of a foreign state of which they were a citizen and that state’s authorities deal with the relevant assets in the estate. The deceased must have had the relevant citizenship either at the time of making the will or contract of succession or at the time of their death. 2 Jurisdiction in accordance with Articles 86–88 is also excluded, insofar as the deceased has submitted immoveable property located abroad by a will or contract of succession to the jurisdiction of the state where the property is located and that state’s authorities deal with the property.
Art. 88b — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
4. Conservatory measures
Art. 89
If the deceased leaves assets in Switzerland, and if there is no jurisdiction in accordance with Articles 86–88, the Swiss authorities at the location shall take the measures necessary for their interim protection.
Art. 89 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
II. Applicable law
1. Principle
Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
Art. 90
1 The estate of a person who had their last domicile in Switzerland is governed by Swiss law. 2 The estate of a person who had their last domicile abroad is governed by the law referred to by the private international law rules of the state of domicile. If these rules refer the matter back to Swiss private international law, the substantive succession law of the state of domicile shall apply. 3 To the extent that Swiss judicial or administrative authorities have jurisdiction pursuant to Article 87 paragraph 1, the estate is governed by Swiss law.
Para. 2 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Para. 3 — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
2. Choice of law
Art. 91
1 A person may submit their estate by a will or contract of succession to the law of any one of the states of which they are a citizen. The person concerned must have the relevant citizenship either at the time of making the will or contract of succession or at the time of their death. Swiss citizens remain bound by the provisions of Swiss law on freedom of disposition. 2 If a Swiss citizen submits their estate in whole or in part to Swiss jurisdiction (Art. 87 para. 2), this shall, provided the person concerned does not stipulate anything to the contrary, also apply as submitting the assets concerned to Swiss law. 3 A partial choice of law is only permitted if assets located in Switzerland are submitted to Swiss law and this is combined with, or results in the same assets being submitted to Swiss jurisdiction (Art. 87 para. 2).
Art. 91 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
3. Scope of the law governing the estate and admin
Art. 92
1 The law applicable to the estate determines what belongs to the estate, who is entitled thereto and to what extent, who is liable for the debts of the estate, which legal remedies may be relied on, and which measures may be ordered and subject to which requirements. 2 The implementation of the measures is governed by the law of the state whose authority has jurisdiction. Such law governs inter alia conservatory measures and the settlement of the estate, including the procedural aspects of administration by an executor or administrator, and the question of the executor or administrator’s entitlement to and power of disposal over the estate.
Para. 2 — Second sentence amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
4. Form
Art. 93
1 The validity of wills as to form is governed by the Hague Convention of 5 October 1961 on the Conflict of Laws Relating to the Form of Testamentary Dispositions. 2 This Convention applies by analogy to the form requirements in respect of other dispositions mortis causa.
Para. 1 — SR 0.211.312.1
5. Wills
Art. 94
1 The substantive validity, revocability and interpretation of a will, together with the effects of the provisions that it contains are governed by the law of the state of the testator’s domicile at the time the will is made. 2 If the testator submitted their entire estate to the law of any one of the states of which they are a citizen in the will concerned or in an earlier disposition (Art. 91 para. 1), that law applies in lieu of the law designated in paragraph 1. 3 The testator may submit the will to the law of any one of the states of which they are a citizen. The testator must have the relevant citizenship either at the time of making the will or at the time of their death.
Art. 94 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
6. Contracts of succession
Art. 95
1 The substantive validity, binding effects and interpretation of a contract of succession, together with the effects of the provisions that it contains, are governed by the law of the state of the testator’s domicile at the time the contract is concluded. 2 If the testator submitted their entire estate to the law of any one of the states of which they are a citizen in the contract of succession or an earlier disposition (Art. 91 para. 1), that law applies in lieu of the law of the law designated in paragraph 1. 3 In the case of contracts of succession with two or more testators, the disposition of each testator is subject to the law applicable to it under paragraph 1 or 2. Contracts of succession also include wills that are based on a joint agreement between the testators with binding effect. 4 The contracting parties may submit the contract of succession to the law of any one of the states of which the testator or any one of the testators are a citizen or to the law at the domicile o
Art. 95 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
7. Other contractual dispositions mortis causa
Art. 95a
Article 95 applies by analogy to other contractual dispositions regarding the estate.
Art. 95a — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
8. Definition of substantive effect
Art. 95b
1 Substantive validity in terms of Article 94–95a comprises: a. the permissibility of the will or the relevant type of contract per se; b. the creation and effectiveness of the will or contract; c. the testamentary capacity of the testator; d. the contestability of the will or contract; e. the permissibility of the provisions that it contains. 2 Freedom of disposition is governed by the law designated in Articles 90 and 91.
Art. 95b — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
III. Foreign decisions, measures, documents and ri
Art. 96
1 Foreign decisions, measures and documents relating to the estate, as well as rights deriving from an estate probated abroad are, subject to Article 87 paragraph 2, recognised in Switzerland: a. if they are rendered, taken, drawn up or declared in the state of the testator’s last domicile, or if they are recognised there; b. if they relate to immovable property and were rendered, taken, drawn up or declared in the state in which such property is located, or if they are recognised in that state; c. if they are rendered, taken, drawn up or declared in any one of the states of which the testator was a citizen and the testator had submitted their estate to the jurisdiction or to the law of the state concerned; or d. if they are rendered, taken, drawn up or declared in the testator’s state of last habitual residence or any one of the states of which the testator is a citizen or, if they only relate to individual moveable assets in the estate, in the state in which these assets are located,
Para. 1 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Para. 1 let. a — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Para. 1 let. c — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). Para. 1 let. d — Inserted by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).