Swiss Civil Code (CC)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Division One: Heirs
Title Thirteen: Statutory Heirs
A. Related heirs
Term amended by No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
I. Issue
Art. 457
1 The nearest heirs of a deceased person are his or her issue. 2 Children inherit in equal parts. 3 Predeceased children are replaced by their own issue in all degrees per stirpes.
II. Parental line
Art. 458
1 Where the deceased is not survived by any issue, the estate passes to the parental line. 2 The father and mother each inherit one-half of the estate. 3 A predeceased parent is replaced by his or her issue in all degrees per stirpes. 4 Where there is no issue on one side, the entire estate passes to the heirs on the other.
III. Grandparental line
Art. 459
1 Where the deceased is survived by neither issue nor heirs in the parental line, the estate passes to the line of the grandparents. 2 Where the grandparents of the paternal and maternal lines survive the deceased, they inherit in equal parts on both sides. 3 A predeceased grandparent is replaced by his or her issue in all degrees per stirpes. 4 If a grandparent on the paternal or maternal side has predeceased without issue, that entire half of the estate is inherited by the heirs on that side. 5 If there are no heirs in either the paternal or the maternal side, the entire estate passes to the heirs in the other side.
IV. Scope of succession rights
Art. 460
The succession rights of relatives end with the line of the grandparents.
Art. 460 — Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
Art. 461
Repealed by No I 2 of the FA of 25 June 1976, with effect from 1 Jan. 1978 (AS 1977 237; BBl 1974 II 1).
B. Surviving spouses and registered partners
Art. 462
Surviving spouses and registered partners receive: 1. one-half of the estate, where they are obliged to share with the deceased’s issue; 2. three-quarters of the estate, where they are obliged to share with heirs in the parental line; 3. the entire estate, where no heirs exist in the parental line either.
Art. 462 — Amended by Annex No 8 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
C...
Art. 463–464
Repealed by No I 2 of the FA of 5 Oct. 1984, with effect from 1 Jan 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
Art. 465
Repealed by No I 3 of the FA of 30 June 1972, with effect from 1 April 1973 (AS 1972 2819; BBl 1971 I 1200). However, see Art. 12a Final Title below.
D. State authority
Art. 466
Where the deceased leaves no heirs, his or her estate passes to the canton in which he or she was last resident or to the commune designated by the law of that canton.
Art. 466 — Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
Title Fourteen: Dispositions Mortis Causa
Section One: Capacity of Disposition
A. Wills
Art. 467
Any person who has the capacity of judgement and is at least 18 years old has the right to draw up a will disposing of his or her property in accordance with the limits and forms prescribed by law.
B. Contract of succession
Art. 468
1 Any person who is capable of judgement and has reached the age of 18 may conclude a contract of succession as a testator. 2 Persons subject to a deputyship that covers the conclusion of a contract of succession require the consent of their legal representative.
Art. 468 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
C. Voidable dispositions
Art. 469
1 Dispositions made in error or under the influence of malicious deception, threats or coercion are void. 2 However, they become valid if not revoked by the testator within one year of his or her discovering the error or deception or of his or her release from the threat or coercion. 3 If a disposition contains an obvious error with regard to persons or objects and the testator’s true intention may be established with certainty, the disposition shall be rectified accordingly.
Section Two: Testamentary Freedom
A. Disposable part
I. Scope of testamentary powers
Art. 470
1 A person who is survived by issue, a spouse or a registered partner may make a disposition mortis causa of that part of his or her property which exceeds the statutory entitlement of the survivor or survivors. 2 A person who is not survived by any such heirs may dispose of his or her entire property by disposition mortis causa.
Para. 1 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
II. Statutory entitlement
Art. 471
The statutory entitlement is one-half of the statutory succession rights.
Art. 471 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
III. Loss of the right to claim the statutory enti
Art. 472
1 If divorce proceedings are pending on the death of the testator, the surviving spouse loses his or her right to claim the statutory entitlement if: 1. the proceedings were instigated by joint request or continued by joint request in accordance with the rules on divorce; or 2. the spouses have lived apart for at least two years. 2 In such a case, the statutory entitlements apply as if the testator had never married. 3 Paragraphs 1 and 2 apply mutatis mutandis to proceedings to dissolve a registered partnership.
Art. 472 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
IV. Usufruct
Art. 473
1 Irrespective of any instruction with regard to the disposable part, the testator may by disposition mortis causa grant the surviving spouse or the surviving registered partner a usufruct over the entire part of the estate passing to their common issue. 2 This usufruct shall replace the statutory succession right due to the spouse or the registered partner where the common issue are co-heirs with the spouse. In addition to this usufruct, the disposable part is one-half of the estate. 3 If surviving spouse remarries or if he or she enters into a registered partnership, the usufruct ceases to apply to that part of the estate which, on succession, could not have been encumbered by a usufruct under the provisions ordinarily governing the statutory entitlements of the deceased’s issue. This provision applies mutatis mutandis if the surviving registered partner enters into a new registered partnership or marries.
Art. 473 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
V. Calculation of the disposable part
1. Deduction of debts
Art. 474
1 The disposable part is calculated on the basis of the value of the deceased’s assets at the time of his or her death. 2 In calculating this value, the deceased’s debts, the funeral expenses, the costs of sealing and of drawing up the inventory and the maintenance claims of members of the household for one month are deducted from value of the estate.
2. Inter vivos gifts
Art. 475
Inter vivos gifts are added to the estate insofar as they are subject to an action in abatement.
3. Insurance and restricted retirement savings
Art. 476
1 Where a life assurance claim, including a claim arising from a restricted retirement savings plan, maturing on the death of the deceased was established in favour of a third party by a disposition inter vivos or mortis causa or was transferred by the deceased during his or her lifetime to a third party without valuable consideration, the redemption value of such insurance claim at the time of death is added to the estate. 2 The testator’s estate also includes claims of beneficiaries arising from the testator’s restricted retirement savings plan with a bank foundation.
Art. 476 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
B. Disinheritance
I. Grounds
Art. 477
The testator has the power to deprive an heir of his or her statutory entitlement by means of a disposition mortis causa: 1. if the heir has committed a serious crime against the testator or a person close to him or her; 2. if the heir has seriously breached his or her duties under family law towards the testator or the latter’s dependants.
let. 1 — Amended by No I 4 of the FA of 26 June 1998, in force since 1 Jan. 2000 (AS 1999 1118; BBl 1996 I 1).
II. Effect
Art. 478
1 The disinherited person may neither participate in the estate nor bring an action in abatement. 2 Unless disposed of otherwise by the testator, the disinherited person’s portion passes to the testator’s statutory heirs as if the disinherited person had predeceased. 3 The disinherited person’s issue retain their statutory entitlements as if he or she had predeceased.
III. Burden of proof
Art. 479
1 A disinheritance is valid only if the testator indicates the reason for the disinheritance in his or her disposition mortis causa. 2 If the disinherited person challenges the disinheritance on the grounds that the reason therefor is incorrect, any heir or legatee wishing to benefit from the disinheritance must prove that the reason is correct. 3 Where no such proof may be adduced or no reason for the disinheritance is indicated, the disposition shall be upheld insofar as it does not deprive the disinherited person of his or her statutory entitlement unless it was made by the testator in obvious error regarding the reason for the disinheritance.
IV. Disinheritance of an insolvent person
Art. 480
1 If unpaid debt certificates exist in respect of any of the issue of the testator, the latter may deprive the said issue of one-half of his or her statutory entitlement providing he or she leaves that half to the existing or subsequently born children of the said issue. 2 At the disinherited person’s request, the disinheritance is void if, on commencement of the succession process, the unpaid debt certificates no longer exist against him or her or if their total amount does not exceed one-quarter of his or her share of the estate.
Section Three: Types of Disposition
A. In general
Art. 481
1 Within the limits of his or her right to dispose of his or her property, the testator may dispose of it in part or in full by will or by contract of succession. 2 Any property in respect of which no disposition mortis causa has been made passes to the statutory heirs.
B. Burdens and conditions
Art. 482
1 The testator may attach burdens or conditions to the disposition, the fulfilment of which may be requested by any interested party once the disposition becomes effective. 2 Immoral or unlawful burdens or conditions render the disposition null and void. 3 Where they are merely onerous to third parties or meaningless, they are deemed not to exist. 4 If an animal receives a bequest by disposition mortis causa, this disposition is deemed to be a burden by which the animal must be cared for according to its needs.
Para. 4 — Inserted by No I of the FA of 4 Oct. 2002 (Article of Basic Principles: Animals), in force since 1 April 2003 (AS 2003 463; BBl 2002 4164 5806).
C. Naming of heirs
Art. 483
1 The testator may name one or more heirs to the entire estate or to a fraction thereof. 2 Any disposition by which a beneficiary should receive all or a specified fraction of the deceased’s estate is deemed to constitute the naming of an heir.
D. Legacy
I. Nature
Art. 484
1 The testator may bequeath a legacy to a beneficiary without naming that person as an heir. 2 He or she may bequeath a specific legacy or the usufruct of the whole or a part of the estate, or he or she may instruct the heirs or other legatees to make payments to that person from the value of the estate or to release that person from obligations. 3 If the testator bequeaths a specific legacy but the object is not part of the estate and no other intention is evident from the disposition, no obligation is placed on the obligor of the legacy.
II. Duty on the obligor of the legacy
Art. 485
1 The object must be delivered to the beneficiary in the same condition that it was in at the commencement of the succession process, including damage and growth and with or without encumbrance. 2 With regard to expenditure on and deterioration of the legacy since the commencement of the succession process, the obligor of the legacy has the same rights and duties as an agent without authority.
III. Relationship to the estate
Art. 486
1 Where the legacies exceed the value of the estate or of the bequest to the obligor or of the disposable part, application may be made to have them abated proportionately. 2 If the obligors do not survive the testator, are unworthy to inherit or disclaim their inheritance, the legacies remain nonetheless effective. 3 If the testator has bequeathed a legacy to a statutory or named heir, the latter has the right to claim the legacy even if he or she disclaims his or her inheritance.
E. Substitution
Art. 487
In his or her disposition, the testator may designate one or more persons to whom the estate or legacy shall pass in the event that the initial heir or legatee is predeceased or disclaims it.
F. Remaindermen
I. Designation of a remainderman
Art. 488
1 The testator is entitled in his or her dispositions to require the named heir, as provisional heir, to deliver the estate to a third party, as remainderman. 2 No such obligation may be imposed on the remainderman. 3 The same provisions apply to legacies.
II. Time of delivery
Art. 489
1 Except where the disposition stipulates otherwise, the time of delivery is deemed to be the death of the provisional heir. 2 Where a different time is specified and that time has not yet occurred on the death of the provisional heir, the inheritance passes to his or her heirs against security. 3 If for whatever reason that time may no longer occur, the inheritance passes unreservedly to the heirs of the provisional heir.
III. Security
Art. 490
1 In all cases in which remaindermen are designated, the competent authority must order an inventory to be drawn up. 2 Delivery of the inheritance to the provisional heir is made only against security, except where the testator has expressly released him or her from such an obligation; in the case of immovable property, security may be provided by entering the delivery obligation under priority notice in the land register. 3 If the provisional heir is unable to provide security or jeopardises the remainderman’s expectancy, the inheritance must be placed under probate administration.
IV. Legal status
1. Of the provisional heir
Art. 491
1 A provisional heir acquires the inheritance in the same manner as any named heir. 2 He or she becomes the owner of the inheritance with an obligation to deliver it.
2. Of the remainderman
Art. 492
1 The remainderman acquires the testator’s bequest if he or she is alive at the stipulated delivery time. 2 If he or she dies before then, the inheritance passes to the provisional heir unless the testator has ordered otherwise. 3 If the provisional heir dies before the testator or is unworthy of inheritance or disclaims the inheritance, it passes to the remainderman.
V. Issue lacking capacity of judgement
Art. 492a
1 If any issue permanently lacks capacity of judgement and if he or she is not survived by issue or a spouse, the testator may designate a remainderman in respect of the residue. 2 The designation of the remainderman ceases to apply by law if the issue, contrary to expectation, becomes capable of judgement.
Art. 492a — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
G. Foundations
Art. 493
1 The testator is entitled to bequeath all or part of the disposable portion of his or her property to a foundation for any purpose of his or her choosing. 2 However, the foundation is valid only if it conforms to the legal requirements.
H. Contracts of succession
I. Contracts naming heirs and making legacies
Art. 494
1 The testator may, by contract of succession, undertake to another person to bequeath his or her estate or a legacy to that person or a third party. 2 He or she is free to dispose of his or her property as he or she sees fit. 3 Dispositions mortis causa and inter vivos gifts, with the exception of customary occasional gifts, are subject to challenge, insofar as: 1. they are incompatible with obligations under the contract of succession, and in particular where they reduce benefits under the contract of succession; and 2. no provision is made for them in the contract of succession.
Para. 3 let. 2 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
II. Renunciation of inheritance
1. Significance
Art. 495
1 The testator may conclude an inheritance renunciation contract with an heir with or without valuable consideration. 2 The renouncing party is not deemed to be an heir on succession. 3 Unless the contract provides otherwise, the renunciation of an inheritance also applies to the issue of the renouncing party.
2. Void renunciation
Art. 496
1 Where certain persons are named in the renunciation contact as heirs in lieu of the renouncing party, the renunciation is void if such persons fail to acquire the inheritance for whatever reason. 2 Where an inheritance is renounced in favour of co-heirs, the renunciation is presumed to be effective only in respect of the heirs of the line descending from their nearest common ascendant and has no effect with regard to more distant heirs.
3. Rights of the creditors of the estate
Art. 497
If the deceased was insolvent on commencement of the succession process and his or her creditors are not satisfied by the heirs, the renouncing party and his or her heirs may be held liable to the extent that they received valuable consideration for the renounced inheritance within the five years prior to the death of the deceased and were still enriched by such consideration on succession.
Section Four Formal Requirements of Dispositions M
A. Wills
I. Drawing up a will
1. In general
Art. 498
The testator may make his or her will in the form of a public deed or in holographic or oral form.
2. By public deed
a. Formal requirements
Art. 499
A will by public deed is made in the presence of two witnesses by a public official, notary public or other person authorised under cantonal law to conduct such business.
b. Role of the public official
Art. 500
1 The testator must inform the official of his or her wishes, whereupon the official draws up the deed or causes it to be drawn up and gives it to the testator to read. 2 The deed must be signed by the testator. 3 The official must date and sign the deed.
c. Role of the witnesses
Art. 501
1 As soon as the public deed has been signed and dated, the testator must declare to the two witnesses, in the presence of the official, that he or she has read the document and that it contains his or her will. 2 The witnesses must sign the deed and in so doing confirm that the testator made said declaration in their presence and that, in their judgment, in so doing he or she was in full possession of capacity of disposition. 3 It is not necessary for the witnesses to be informed of the content of the deed.
d. Drawing up a will without the testator reading
Art. 502
1 If the testator does not read and sign the deed, the official must read it out in the presence of the two witnesses and the testator, who must then declare that the deed contains his or her will. 2 In this case the witnesses must not only attest to the testator’s declaration and their judgment concerning his or her capacity of disposition but must also confirm, by appending their signatures, that the deed was read out to the testator by the official in their presence.
e. Persons involved
Art. 503
1 Persons who lack capacity to act, have been deprived of their civil rights due to a criminal conviction or are unable to read or write, lineal relatives or siblings of the testator or their spouses and the testator’s spouse are not permitted to act as authenticating officials or witnesses when making a will in the form of a public deed. 2 No disposition may be made in the will in favour of any authenticating officer or witness or his or her lineal relatives, siblings or spouse.
Para. 1 — The suspension of civil rights and privileges due to criminal conviction has been abolished (see AS 1971 777; BBl 1965 I 561 and AS 1974 55; BBl 1974 I 1457). Para. 1 — Term amended by No I 3 of the FA of 30 June 1972, in force since 1 April 1973 (AS 1972 2819; BBl 1971 I 1200).
f. Safekeeping of wills
Art. 504
The cantons must ensure that public officials entrusted with wills either keep the original or a copy of such deeds themselves or else forward them to an authority for safekeeping.
3. Holographic will
Art. 505
1 A holographic will must be written in the testator’s own hand from start to finish, include an indication of the day, month and year on which it is drawn up, and be signed by the testator. 2 The cantons must ensure that such wills can be forwarded, whether open or sealed, to an authority for safekeeping.
Para. 1 — Amended by No I of the FA of 23 June 1995, in force since 1 Jan. 1996 (AS 1995 4882; BBl 1994 III 516, V 607).
4. Oral will
a. Dispositions
Art. 506
1 Where the testator is prevented from using any other form of will by extraordinary circumstances such as the imminent risk of death, breakdown in communications, epidemic or war, he or she is entitled to make a will in oral form. 2 To do so, he or she must declare his or her will in the presence of two witnesses and instruct them to have it drawn up as required in the form of a deed. 3 The witnesses are subject to the same disqualification provisions as apply to wills made in the form of public deeds.
b. Conversion into deed
Art. 507
1 The oral will, including the place, day, month and year, must be written down immediately by one of the witnesses, then signed by both and lodged without delay with a judicial authority together with a declaration that the testator was in full possession of his or her capacity of disposition and that he or she informed them of his or her will in the special circumstances prevailing at that time. 2 The two witnesses may instead have the will recorded by a judicial authority along with the same declaration. 3 If the testator makes his or her oral will while on military service, an officer with the rank of captain or higher may take the place of the judicial authority.
c. Loss of validity
Art. 508
If the testator subsequently has the opportunity to draw up his or her will in another form, the oral will ceases to be valid 14 days after such opportunity arises.
II. Revocation and destruction
1. Revocation
Art. 509
1 The testator may revoke his or her will at any time in one of the forms envisaged for drawing it up. 2 Such revocation may apply to all or part of the will.
2. Destruction
Art. 510
1 The testator may revoke his or her will by destroying the deed. 2 If the deed is destroyed by others wilfully or by accident, the will likewise becomes void inasmuch as its content may no longer be ascertained precisely and completely; claims for damages are reserved.
3. Subsequent wills
Art. 511
1 If the testator makes a will without expressly revoking a previous will, the later will supersedes the earlier unless it is manifestly no more than a codicil thereto. 2 Likewise, a bequest of a specific object is revoked if the testator subsequently makes a new disposition of the same object that is incompatible with the previous disposition.
B. Contracts of succession
I. Execution
Art. 512
1 In order to be valid, a contract of succession must meet the same formal requirements as a will executed as a public deed. 2 The contracting parties must simultaneously declare their intentions to the public official and sign the deed before him or her and two witnesses.
II. Revocation
1. Inter vivos
a. By contract and by will
Art. 513
1 The contract of succession may be revoked at any time by written agreement between the parties. 2 The testator may unilaterally revoke the naming of an heir or a legacy provided the heir or legatee is guilty of conduct constituting grounds for disinheritance after the contract was concluded. 3 The unilateral revocation must be done in one of the forms prescribed for drawing up wills.
b. By withdrawal from the contract
Art. 514
A person entitled to benefits inter vivos under a contract of succession may declare his or her withdrawal from the contract in accordance with the provisions of the Code of Obligations in the event of failure to perform such benefits or to furnish security for them.
SR 220
2. Predeceased heir
Art. 515
1 Where the heir or legatee does not survive the testator, the contract becomes void. 2 Where at the time of the heir’s death the testator has been enriched as a result of the contract of succession, unless otherwise provided, the heirs of the deceased may demand restitution of the amount involved.
C. Restriction of testamentary freedom
Art. 516
If a testator becomes subject to a restriction of testamentary freedom after he or she has made a disposition mortis causa, the disposition is not annulled but is subject to action in abatement.
Section Five: Executors
A. Appointment of executors
Art. 517
1 In the will, the testator may appoint one or more persons with capacity to act to execute the will. 2 The probate authority shall notify these persons of the appointment ex officio and they must state whether they accept it within 14 days of such notification, silence being deemed tacit acceptance. 3 They are entitled to adequate recompense for their activities.
B. Function of an executor
Art. 518
1 Unless otherwise provided by the testator, the executors have the same rights and duties as an official estate administrator. 2 The executors’ function is to represent the testator’s wishes and, in particular, to administer the estate, settle debts left by the testator, distribute legacies and divide the estate in accordance with the testator’s instructions or as required by law. 3 Where more than one executor has been appointed, these powers are exercised jointly, unless the testator has provided otherwise.
Section Six: Declaration of Invalidity and Abateme
A. Action for declaration of invalidity
I. On grounds of lack of capacity of disposition,
Art. 519
1 Where contested, a disposition mortis causa may be declared invalid: 1. if it was made by the testator at a time when he or she lacked capacity of disposition; 2. if it is the product of a lack of free will; 3. if its content or a condition attached to it is immoral or unlawful. 2 An action of declaration of invalidity may be brought by any interested heir or legatee.
II. On grounds of formal defect
1. In general
Amended by No I of the FA of 23 June 1995, in force since 1 Jan. 1996 (AS 1995 4882; BBl 1994 III 516, V 607).
Art. 520
1 If the disposition mortis causa is formally defective, it is declared invalid on being contested before a court. 2 If the formal defect consists in the certain persons being party to the execution of the disposition who or whose family members are beneficiaries under the disposition mortis causa, only the clauses relating to those beneficiaries shall be declared invalid. 3 The right of action is governed by the same provisions as apply in the event of a lack of capacity of disposition.
2. In holographic wills
Art. 520a
If the formal defect in a holographic will consists in the day, month or year not being indicated correctly or at all, the will may be declared invalid only if the precise date cannot be ascertained in some other manner and is necessary in order to determine the testator’s capacity of disposition, the chronological order of multiple wills or any other issue affecting the validity of the will.
Art. 520a — Inserted by No I of the FA of 23 June 1995, in force since 1 Jan. 1996 (AS 1995 4882; BBl 1994 III 516, V 607).
III. Prescription
Art. 521
1 The right to bring an action of declaration of invalidity prescribes one year after the contesting party learned of the will and the ground for nullity and in any event a maximum of ten years after the commencement of probate proceedings. 2 In all cases, the right to bring an action on grounds of lack of capacity of disposition, immorality or unlawfulness against a beneficiary acting in bad faith does not prescribe until 30 years have elapsed. 3 Invalidity may be invoked as a defence at any time.
B. Action in abatement
I. Requirements
1. In general
Art. 522
1 The heirs who receive less than the value of their statutory entitlement may request the abatement of the following acquisitions and gifts until their statutory entitlement becomes available: 1. acquisitions in accordance with the law on intestate succession; 2. bequests; 3. inter vivos gifts. 2 Clauses in a disposition mortis causa relating to the entitlements of the statutory heirs are deemed merely to be instructions for dividing the estate unless it is evident from the disposition that the testator intended otherwise.
Art. 522 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
2. Heirs with a statutory entitlement
Art. 523
In the case of heirs with a statutory entitlement, acquisitions in accordance with the law on intestate succession and bequests shall be abated in proportion to the amounts by which they exceed each co-heir’s statutory entitlement.
Art. 523 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
3. Rights of creditors
Art. 524
1 Where the testator has exceeded his or her testamentary freedom to the detriment of an heir and the latter fails to bring an action in abatement despite being instructed to do so by the bankruptcy administrators or by creditors holding unpaid debt certificates on succession, the administrators or creditors themselves may bring an action in abatement for the amount necessary to cover their claims within the same time limit that applies to the heir. 2 The same right applies in the case of a disinheritance not contested by the person disinherited.
II. Effect
1. Of abatement in general
Art. 525
1 Abatement is applied in equal proportion in respect of all named heirs and legatees unless it is evident from the disposition that the testator intended otherwise. 2 Where the abatement applies to a legacy whose beneficiary is also the obligor of other legacies, subject to the same proviso such beneficiary may request that those other legacies be abated proportionately.
2. On specific legacies
Art. 526
Where a specific legacy that cannot be divided without loss of value is to be abated, the legatee may either claim it and pay the balance or claim the disposable amount in lieu of the object.
3. On dispositions inter vivos
a. Cases
Art. 527
The following are subject to abatement in the same manner as dispositions mortis causa: 1. advances against a person’s share of an inheritance made in the form of wedding gifts, settlements or assignments of assets, to the extent these are not subject to hotchpot; 2. compensation payments in settlement of future rights of inheritance; 3. gifts that were freely revocable by the deceased or made in the five years prior to his or her death, with the exception of customary occasional gifts; 4. assets alienated by the deceased with the obvious intention of circumventing the limitations on his or her testamentary freedom.
b. Restitution
Art. 528
1 A person acting in good faith has a duty of restitution only to the extent that he or she is still enriched by such transactions with the deceased at the time of succession. 2 Where benefits conferred under a contract of succession are subject to abatement, the beneficiary is entitled to reclaim a proportionate amount of the counter-performance made to the testator.
4. Insurance claims and restricted retirement savi
Art. 529
1 Where a life assurance claim maturing on the death of the deceased, including a claim arising from a restricted retirement savings plan, was established in favour of a third party by a disposition inter vivos or by a disposition mortis causa, or was transferred by the deceased during his or her lifetime to a third party without valuable consideration, such claim is subject to abatement at its redemption value. 2 The claims of beneficiaries arising from the restricted retirement savings plan of the testator with a bank foundation are also subject to abatement.
Art. 529 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
5. On usufruct and annuities
Art. 530
If the testator has encumbered the estate with rights of usufruct and annuities such that their capitalised value over their probable duration exceeds the disposable part of the estate, the heirs are entitled either to seek proportionate abatement of such rights or to redeem them by surrendering the disposable part of the estate to the beneficiaries.
6. On naming of remaindermen
Art. 531
The naming of a remainderman in respect of an heir entitled to a statutory entitlement is invalid as to that part of the estate; the provision on issue who are incapable of judgement is reserved.
Art. 531 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
III. Order of abatement
Art. 532
1 The following are subject to abatement in the following order until the statutory entitlement becomes available: 1. acquisitions in accordance with the law on intestate succession; 2. bequests; 3. inter vivos gifts. 2 The inter vivos gifts shall be abated in the following order: 1. gifts subject to addition under a marital agreement or property agreement; 2. freely revocable gifts and the benefits arising from the restricted retirement savings plan, in the same proportion; 3. other gifts, the most recent before those made earlier.
Art. 532 — Amended by No I of the FA of 18 Dec. 2020 (Law of Succession), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
IV. Prescription
Art. 533
1 A claim in abatement prescribes one year after the date on which the heirs learned of the infringement of their rights and in any event after ten years have elapsed since the succession, in the case of disposition mortis causa, or since the testator’s death, in the case of other dispositions. 2 If the declaration of the invalidity of a later disposition revives an earlier one, the prescriptive periods begin on the date on which invalidity was declared. 3 The entitlement to abatement may be invoked as a defence at any time.
Section Seven: Claims under Contracts of Successio
A. Claims in respect of lifetime transfers
Art. 534
1 If the testator transfers his or her property during his or her lifetime to the contractual heir, the latter may arrange for a public inventory to be taken. 2 Where the testator has not transferred all his or her property or has acquired property since the transfer, except where otherwise provided the contract applies only to the property transferred. 3 Where such transfer takes place during the testator’s lifetime, except where otherwise provided all rights and obligations arising from the contract pass to the heirs of the named heir.
B. Hotchpot in the case of renunciation of inherit
I. Abatement
Art. 535
1 If the testator during his or her lifetime conferred benefits on a renouncing heir that exceed that heir’s share of the estate, his or her co-heirs may request abatement. 2 However, such benefits are subject to abatement only to the extent they exceed the statutory entitlement of the renouncing heir. 3 Allowance is made for them according to the provisions governing hotchpot.
II. Reimbursement
Art. 536
If as a result of abatement a renouncing heir is obliged to reimburse the estate, he or she has the choice of either taking the reimbursement upon himself or of placing the entire benefit into hotchpot and participating in the division as if he or she had never renounced.
Division Two: Succession
Title Fifteen: Commencement of the Succession Proc
A. Requirements for the deceased
Art. 537
1 Succession commences on the death of the deceased. 2 Insofar as dispositions and divisions made during deceased's lifetime are relevant under law of succession, they are taken into account according to the condition of the estate as at the time of his or her death.
B. Place where succession commences
Amended by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
Art. 538
1 The succession process commences in respect of the entire estate at the deceased’s last domicile. 2 ...
Para. 2 — Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
C. Requirements for the heirs
I. Capacity
1. Legal capacity
Art. 539
1 Every person is capable of being an heir and acquiring property by disposition mortis causa unless by law he or she is deemed incapable of inheritance. 2 Bequests with a designated purpose to groups of persons not constituting a legal entity are acquired by all such persons individually with an obligation to use them as prescribed or, where this is not practical, give rise to a trust.
2. Unworthiness to inherit
a. Grounds
Art. 540
1 A person is unworthy of inheriting or acquiring anything by a disposition mortis causa if: 1. he or she wilfully and unlawfully caused or attempted to cause the death of the person now deceased; 2. he or she wilfully and unlawfully rendered the person now deceased permanently incapable of making a disposition mortis causa; 3. by malice, coercion or threat he or she induced the person now deceased to make or revoke a disposition mortis causa or prevented him or her from doing so; 4. he or she wilfully and unlawfully eliminated or invalidated a disposition mortis causa in such a manner as to prevent the person now deceased from drawing up a new one. 2 Unworthiness to inherit does not apply if the person now deceased has forgiven the person concerned.
b. Effect on issue
Art. 541
1 Unworthiness to inherit applies only to the person concerned. 2 His or her issue inherit from the deceased as if the person unworthy to inherit were predeceased.
II. Capacity to inherit on succession
1. As heir
Art. 542
1 In order to inherit, an heir must be alive and capable of inheriting at the time of succession. 2 If an heir dies after commencement of succession, his or her rights of inheritance in respect of the estate pass to his or her own heirs.
2. As legatee
Art. 543
1 A legatee surviving the testator and capable of inheriting acquires a claim to the legacy. 2 If he or she dies before the testator, his or her legacy is extinguished in favour of the person who would have been obliged to deliver the legacy to him, unless some other intention is evident from the disposition.
3. Unborn child
Art. 544
1 A child is capable of inheriting from the moment of conception onwards, providing he or she is subsequently born alive. 1bis If it is required to protect the child's interests, the child protection authority shall establish a deputyship. 2 If the child is stillborn, it is disregarded for inheritance purposes.
Para. 1bis — Inserted by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001). Para. 2 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
4. Remaindermen
Art. 545
1 The testator may bequeath his or her estate or part thereof to a person not yet living when succession commences by designating such person a remainderman. 2 Where no provisional heir is named, the statutory heirs are deemed to be the provisional heirs.
D. Presumption of death
I. Inheriting from persons presumed dead
1. Devolution against security
Art. 546
1 Where a person has been declared presumed dead, before his or her heirs or legatees succeed to the estate, they must furnish security for the restitution of the property to those with a prevailing claim or to the missing person himself. 2 Such security shall be furnished for five years in the case of disappearance in life-threatening circumstances and for 15 years in the case of absence without sign of life, but never beyond the date on which the missing person would have become 100 years old. 3 The five-year period runs from the date on which the estate is transferred and the 15-year period from the last sign of life.
2. Annulment of presumption of death and restituti
Art. 547
1 If the person who is presumed dead returns or other parties assert prevailing claims to the estate, those put in possession of the estate must return it according to the rules governing possession. 2 Provided they acted in good faith, they are liable to parties with prevailing claims only during the period in which action may be brought for reclamation of the estate.
II. Succession rights of persons presumed dead
Art. 548
1 If it is impossible to determine whether an heir is alive or dead when succession commences because he or she has disappeared, his or her share of the inheritance is placed under official administration. 2 Those who would succeed to the missing heir’s share if he or she were dead may request the court to declare the heir presumed dead one year after his or her disappearance in life-threatening circumstances or five years after the last sign of life and, once such declaration has been made, may apply for release of their shares of his or her inheritance. 3 Such shares are released according to the provisions governing release to the heirs of persons presumed dead.
III. Correlation of the two cases
Art. 549
1 If the heirs of the person presumed dead are already in possession of his or her property and an inheritance passes to him or her, his or her co-heirs may invoke this fact and request that such inheritance be released to them without need for a second declaration of presumed death. 2 The heirs of the person presumed dead may likewise invoke a declaration of presumed death obtained by the co-heirs.
IV. Procedure ex officio
Art. 550
1 Where the missing person’s property or succession rights have been under official administration for ten years or more, or he or she would have reached the age of 100, at the request of the competent authority the declaration of presumed death is pronounced ex officio. 2 If no rightful heirs come forward during the public notice period, the property of the person presumed dead passes to the state authority with right to succeed or, if he or she was never resident in Switzerland, to the canton of origin. 3 The local authority or canton concerned has the same duty of restitution as those put in possession of the estate towards the person presumed dead and parties with prevailing claims.
Title Sixteen: Effect of Succession
Chapter One: Measures to Safeguard Succession
A. In general
Art. 551
1 The competent authority must of its own accord take all measures necessary to ensure proper succession. 2 In the cases envisaged by law, in particular, such measures include sealing the estate, drawing up the inventory, appointing the estate administrators and reading out the wills of the deceased. 3 ...
Para. 1 — Amended by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, in force since 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829). Para. 3 — Repealed by Annex No 2 of the Civil Jurisdiction Act of 24 March 2000, with effect from 1 Jan. 2001 (AS 2000 2355; BBl 1999 2829).
B. Sealing the estate
Art. 552
The order to seal the estate is given whenever provided for by cantonal law.
C. Inventory
Art. 553
1 The order to draw up an inventory is given: 1. where an heir is under guardianship or is to be made a ward of court; 2. where an heir is permanently absent and without representation; 3. at the request of one of the heirs; 4. where an adult heir is or is to be made subject to a general deputyship. 2 The inventory is drawn up in accordance with the provisions of cantonal law and normally must be completed within two months of the death of the deceased. 3 Cantonal legislation may require that an inventory be drawn up in other cases.
Para. 1 let. 4 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
D. Estate administrators
I. In general
Art. 554
1 Estate administrators are appointed: 1. where such an appointment is in the best interests of an heir who is permanently absent and without representation; 2. where none of the claimants may adequately establish his or her succession rights or the existence of an heir is uncertain; 3. where not all heirs are known; 4. in special cases provided for by law. 2 Where the deceased had named an executor, administration of the estate is entrusted to him or her. 3 Where the deceased was subject to a deputyship that covers asset management, the deputy is responsible for administering the estate unless other instructions apply.
Para. 3 — Amended by No I 2 of the FA of 19 Dec. 2008 (Adult Protection Law, Law of Persons and Law of Children), in force since 1 Jan. 2013 (AS 2011 725; BBl 2006 7001).
II. In the case of unknown heirs
Art. 555
1 If the authority is uncertain as to whether the deceased is survived by heirs or whether it is aware of all the heirs, the authority must by appropriate public means call on all persons with succession rights to come forward and claim them within one year. 2 If no such person comes forward during this time and if no heirs are known to the authority, the estate passes to the state authority with right to succeed, subject to any action for recovery of inheritance.
E. Probate proceedings
I. Duty to submit the will
Art. 556
1 If the deceased left a will, this must be submitted to the authority without delay even if it appears to be invalid. 2 The public official by whom the will was recorded or with whom it was deposited or any other person who had custody of the will or found it among the personal effects of the deceased is personally responsible on learning of the testator’s death for ensuring that the will is submitted to the authority. 3 Once the will has been submitted, the authority must, where feasible after hearing all interested parties, either release the estate to the statutory heirs on a provisional basis or appoint estate administrators.
II. Reading the will
Art. 557
1 The testator’s will must be opened and read out by the competent authority within one month of its submission. 2 All heirs known to the authority are summoned to attend the reading. 3 If the testator left more than one will, all are to be submitted to the authority and opened and read out by it.
III. Notification of interested parties
Art. 558
1 At the estate’s expense, all interested parties receive a copy of the provisions of the will as relate to them. 2 Legatees of unknown whereabouts are informed by appropriate public notice.
IV. Release of the estate
Art. 559
1 One month after notification of the interested parties, at the request of the named heirs the probate authority issues such persons with a certificate confirming them as heirs, subject to action of declaration of invalidity and for recovery of inheritance, providing their entitlement has not expressly been challenged by the statutory heirs or the legatees of an earlier will. 2 At the same time the estate administrator will be instructed, where applicable, to release the estate into their possession.
Chapter Two: Vesting of the Estate
A. Vesting
I. Heirs
Art. 560
1 On the death of the deceased, the estate in its entirety vests by operation of law in the heirs. 2 Subject to the statutory exceptions, the deceased’s claims, rights of ownership, limited rights in rem and rights of possession automatically pass to the heirs and the debts of the deceased become the personal debts of the heirs. 3 Vesting in the named heirs takes effect retroactively from the date on which the succession process commenced and the statutory heirs must relinquish the estate to them according to the rules governing possession.
II. ...
Art. 561
Repealed by No I 2 of the FA of 5 Oct. 1984, with effect from 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
III. Legatees
1. Vesting
Art. 562
1 The legatees have a personal claim against the obligors of their legacies or, where no-one is specifically named as such, against the legal or named heirs. 2 Unless otherwise provided by disposition mortis causa, the claim becomes due once the obligor has accepted the inheritance or is no longer able to disclaim it. 3 If the heirs fail to fulfil their obligation, they may be sued for release of the bequeathed property or, where the legacy pertains to performance of some action, for damages.
2. Object
Art. 563
1 Where the bequest to the legatee is a usufruct or annuity or other recurring benefit, unless otherwise stipulated, his or her claim is determined according to the provisions of property law and the Code of Obligations. 2 If the legacy is a life assurance claim maturing on the death of the testator, the legatee is entitled to assert that claim directly.
3. Relationship between creditors and legatees
Art. 564
1 The claims of the testator’s creditors precede those of legatees. 2 The claims of the heir’s creditors rank equally with those of the testator’s creditors, provided the heir acquired the inheritance without reservation.
4. Abatement
Art. 565
1 If, after the legacies have been distributed, the heirs pay debts of the estate that were previously unknown to them, they are entitled to reimbursement from the legatees of an amount corresponding to the proportionate abatement of such legacies that the heirs could have claimed. 2 However, the legatees may be held liable only in the amount by which they are enriched at the time such reimbursement is demanded.
B. Disclaimer
I. Declaration
1. Right to renounce
Art. 566
1 The legal and named heirs are entitled to disclaim the inheritance passing to them. 2 There is a presumption of a disclaimer if at the time of his or her death the deceased had been officially declared insolvent or was manifestly insolvent.
2. Time limit
a. In general
Art. 567
1 The time limit for a disclaimer is three months. 2 For statutory heirs, this limit begins on the date on which they learned of the death, unless they can show that they did not learn of their succession rights until later, and for named heirs it begins on the date on which they received official notification of the testator’s disposition.
b. In the case of an inventory
Art. 568
If an inventory has been drawn up as a precautionary measure, the disclaimer time limit for all heirs begins on the date on which the authority notified them that the inventory was complete.
3. Passing of right to disclaim
Art. 569
1 If an heir dies before disclaiming or accepting an inheritance, the right to disclaim passes to his or her heirs. 2 For such heirs, the disclaimer time limit begins on the date on which they learned that the inheritance passed to the deceased heir and ends no sooner than the date on which the time limit for disclaiming the inheritance from the deceased heir expires. 3 Where such heirs disclaim the inheritance and it passes to other heirs who previously had no succession rights, the disclaimer time limit for the latter begins on the date on which they learned of the disclaimer.
4. Form
Art. 570
1 An heir must declare his or her disclaimer orally or in writing to the competent authority. 2 It must be unconditional and without reservation. 3 The authority keeps an official record of disclaimers.
II. Forfeiture of right to disclaim
Art. 571
1 If the heir fails to declare that he or she disclaims the inheritance within the relevant time limit, he or she acquires it without reservation. 2 Where an heir has interfered in the affairs of the estate before expiry of the disclaimer time limit or has acted in a manner not conducive to administering the estate or maintaining the deceased’s business activities, or where he or she has appropriated or concealed objects belonging to the estate, he or she is no longer entitled to disclaim the inheritance.
III. Disclaimer by one co-heir
Art. 572
1 Where the deceased has not made a disposition mortis causa and one of two or more heirs disclaims the inheritance, his or her share of the estate passes to the other heirs as if he or she had predeceased. 2 Where the deceased has made disposition mortis causa, any share of the estate disclaimed by a named heir passes to the testator’s nearest statutory heirs, unless other intentions on the part of the testator are evident from the disposition.
IV. Disclaimer by all the nearest heirs
1. In general
Art. 573
1 Where the inheritance is disclaimed by all the nearest heirs, the estate is liquidated by the bankruptcy office. 2 If liquidation produces a surplus after payment of debts, this passes to those entitled to inherit as if they had not disclaimed it.
2. Entitlement of surviving spouse
Art. 574
If the deceased’s issue have disclaimed the inheritance, the authority notifies the disclaimer to the surviving spouse, who is entitled to declare acceptance within one month.
3. Disclaimer in favour of subsequent heirs
Art. 575
1 When disclaiming the inheritance, the heirs may request that it be offered to their subsequent heirs before the estate is liquidated. 2 In this event, the authority informs the subsequent heirs that the preceding heirs have disclaimed, and if the former fail to declare their acceptance of the inheritance within one month, they are likewise deemed to have disclaimed it.
V. Extension of time limit
Art. 576
Where there is good cause, the competent authority may grant the legal and named heirs an extension of the time limit or set a new one.
VI. Disclaimer of a legacy
Art. 577
Where a legatee disclaims a legacy, it becomes void in favour of the obligor, unless other intentions on the part of the testator are evident from his or her disposition.
VII. Security for the heir’s creditors
Art. 578
1 Where an overindebted heir has disclaimed an inheritance in order to withhold it from his or her creditors, the latter or the bankruptcy administrators may challenge the disclaimer within six months unless their claims are secured. 2 If their challenge is upheld, the inheritance is placed in official liquidation. 3 Any surplus serves first to satisfy the challenging creditors and any balance remaining after redemption of the other debts passes to the heirs in whose favour the disclaimer was made.
VIII. Liability in the event of disclaimer
Art. 579
1 Where the deceased was insolvent and his or her heirs disclaim the inheritance, they remain liable to his or her creditors to the extent that in the five years prior to his or her death they received property or assets from him or her which on division of the estate would have been subject to hotchpot. 2 The endowment of newly-weds according to local custom and the costs of raising and educating children are not affected by such liability. 3 Heirs acting in good faith are liable only to the extent they are still enriched.
Chapter Three: Public Inventory
A. Requirements
Art. 580
1 Any heir entitled to disclaim his or her inheritance has the right to request a public inventory. 2 The request must be made to the competent authority within one month in the same form as the disclaimer. 3 A request made by one heir is also valid for the others.
B. Procedure
I. Inventory
Art. 581
1 The public inventory is drawn up by the competent authority in accordance with the provisions of cantonal law and consists of a list of all the assets and debts of the estate, together with an appraisal of the value of each item in the inventory. 2 Any person able to provide information on the financial circumstances of the deceased is personally obliged to give the authority all the information it requires. 3 In particular, the heirs must inform the authority of any debts of the deceased that are known to them.
II. Formal call to account
Art. 582
1 In the course of drawing up the inventory, the authority shall make a formal call to account whereby appropriate public notices are issued calling on all creditors and debtors of the deceased, including creditors under a surety, to come forward and register their claims and debts within a specified time limit. 2 Such notices must alert the creditors to the consequences of any failure to register. 3 The time limit for registering must not be earlier than one month from the date of the first public notice.
III. Inclusion ex officio
Art. 583
1 Claims and debts evident from the public registers or from the papers of the deceased are included ex officio. 2 The debtors and creditors must be notified of any such inclusion.
IV. Result
Art. 584
1 On expiry of the published time limit, the inventory is closed and made available for perusal by all interested parties for at least one month. 2 The costs are borne by the estate and, where this is insufficient, by the heirs who requested the inventory.
C. Situation of the heirs during the inventory
I. Administration
Art. 585
1 While the inventory is being drawn up, only the necessary administrative actions may be taken. 2 Where the authority authorises an heir to continue the deceased’s business activities, the co-heirs may request that security be furnished.
II. Debt enforcement, litigation, prescription
Art. 586
1 While the inventory is being drawn up, no action may be taken to enforce the debts of the deceased. 2 ... 3 Except in urgent matters, court proceedings may neither be commenced nor continued.
Para. 2 — Repealed by Annex No 3 of the FA of 15 June 2018 (Revision of the Law on Prescription), with effect from 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).
D. Effect
I. Time limit for declaration of intention
Art. 587
1 Once the inventory is closed, all the heirs are requested to declare within one month their intentions with regard to acquiring the inheritance due to them. 2 Where justified in the circumstances, the competent authority may set a further time limit for obtaining appraisals, settling disputed claims and the like.
II. Declaration of intention
Art. 588
1 During the set time limit, an heir may disclaim his or her inheritance or request official liquidation or accept the inheritance either subject to public inventory or without reservation. 2 Where an heir makes no declaration, he or she is deemed to have accepted the inheritance subject to public inventory.
III. Effects of acceptance subject to public inven
1. Liability as per inventory
Art. 589
1 Where an heir accepts the inheritance subject to public inventory, the debts of the deceased listed in the inventory and the assets pass to him or her. 2 The acquisition of the inheritance with all attendant rights and obligations takes effect retroactively from the date on which the succession process commenced. 3 The heir is liable for debts listed in the inventory both with the inheritance and with his or her own assets.
2. Liability beyond the inventory
Art. 590
1 The heirs are not liable either personally or with the inheritance towards creditors of the estate whose claims were not included in the inventory because the creditors failed to register them in time. 2 Where such failure to register claims in the inventory was through no fault of the creditor or his or her claims were not included in the inventory despite having been registered, the heir is liable to the extent he or she is enriched by the inheritance. 3 In all cases, creditors may assert claims to the extent these are secured by a lien on the estate assets.
E. Liability for debts subject to a surety
Art. 591
Any debts under a surety given by the deceased are listed separately in the inventory and may be asserted against an heir, even where he or she accepts the inheritance, only in the amount that would be allocated to the surety debt if all debts of the estate were to be redeemed under the rules governing bankruptcy.
F. Acquisition by a state authority
Art. 592
Where an estate passes to a state authority, a formal call to account is made ex officio and the state authority is liable for the debts of the estate only in the amount of the assets it has inherited from the estate.
Chapter Four: Official Liquidation
A. Requirements
I. At the request of an heir
Art. 593
1 Rather than disclaim the inheritance or accept it subject to public inventory, each heir is entitled to request official liquidation. 2 However, such request may not be granted if at least one co-heir accepts the inheritance. 3 In the event of official liquidation, the heirs are not liable for the debts of the estate.
II. At the request of the deceased’s creditors
Art. 594
1 Where the deceased’s creditors have good cause to fear that their claims will not be met and such claims are not satisfied or secured at their request, within three months of the death of the deceased or the reading of the will they may demand the official liquidation of the estate. 2 Subject to the same conditions, legatees may request provisional measures by way of security.
B. Procedure
I. Administration
Art. 595
1 The official liquidation is carried out by the competent authority or by one or more estate administrators acting at the authority’s behest. 2 It begins with the taking of an inventory and the attendant formal call to account. 3 The estate administrator is under the authority’s supervision and the heirs may appeal to the authority against any measures taken or planned by the administrator.
II. Ordinary
liquidation
Art. 596
1 For the purpose of liquidation, any business activities of the deceased still in operation are brought to a close, his or her obligations are performed, his or her claims are called in, his or her legacies are distributed where possible, his or her rights and duties are determined at law, where necessary, and his or her assets are converted into cash. 2 Land formerly belonging to the deceased is sold at public auction; it may be disposed of by private sale only with the consent of all the heirs. 3 The heirs are entitled even during the liquidation process to request that some or all of the objects and monies that are not required for the liquidation be released into their possession.
III. Liquidation by the bankruptcy office
Art. 597
If the estate is overindebted, its liquidation is carried out by the bankruptcy office in accordance with the provisions governing bankruptcy.
Chapter Five: Action for Recovery of Inheritance
A. Requirements
Art. 598
1 A person who believes that, as a legal or named heir, he or she has a better claim than the current possessor to an estate or a part thereof may assert his or her claim by bringing an action for recovery of inheritance. 2 ...
Para. 2 — Repealed by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, with effect from 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221).
B. Effect
Art. 599
1 If the claim is upheld, the possessor must relinquish the estate or the part thereof to the claimant in accordance with the rules governing possession. 2 The defendant cannot invoke adverse possession in respect of property belonging to the estate.
C. Prescription
Art. 600
1 The right to bring an action for recovery of inheritance against a defendant acting in good faith prescribes one year after the date on which the claimant learned that the property was possessed by the defendant and that he or she has a better claim to it, but in all cases ten years after the death of the deceased or the date on which the will was read. 2 The prescriptive period for the right to bring an action against a defendant acting in bad faith is always 30 years.
D. Action by a legatee
Art. 601
The right of a legatee to bring an action prescribes ten years after notification of the disposition mortis causa or from the subsequent date on which the legacy became due.
Title Seventeen: Division of the Estate
Chapter One: Community of Heirs prior to Division
A. Effect of succession
I. Community of heirs
Art. 602
1 Where several heirs inherit the estate, on succession and until such time as it is divided they form a community in respect of all rights and obligations of the estate. 2 They become joint owners of the property belonging to the estate and have joint power of disposal over the rights of the estate, subject to contractual or statutory powers of representation and administration. 3 At the request of one co-heir, the competent authority may appoint a representative of the community of heirs until the estate is divided.
II. Liability of the heirs
Art. 603
1 The heirs are jointly and severally liable for the debts of the deceased. 2 The appropriate compensation due to children or grandchildren for contributions made to the household they shared with the deceased must be added to the debts of the estate unless this would render the estate overindebted.
Para. 2 — Inserted by No I 1 of the FA of 6 Oct. 1972, in force since 15 Feb. 1973 (AS 1973 93; BBl 1970 I 805, 1971 I 737).
B. Right to division
Art. 604
1 Any heir may at any time request that the estate be divided unless he or she is under a contractual or statutory obligation to remain a member of the community of heirs. 2 On application by an heir, the court may order a temporary deferral of the division of the estate or specific parts thereof where immediate division would substantially impair their value. 3 Where one heir is insolvent, his or her co-heirs may apply for provisional measures to secure their own claims immediately upon succession.
C. Deferral of division
Art. 605
1 If on succession the rights of an unborn child need to be taken into consideration, the division of the estate must be deferred until the child is born. 2 In the interim, the child’s mother is entitled to enjoy the benefits of the joint estate to the extent required for her maintenance.
D. Claims of household members
Art. 606
Heirs who were members of the household of and maintained by the deceased at the time of his or her death may demand that they be maintained for a further month at the estate’s expense.
Chapter Two: Method of Division
A. In general
Art. 607
1 Statutory heirs must divide the estate among themselves and with the named heirs according to the same principles. 2 Except where provided otherwise, they are free to decide on the method of division. 3 Co-heirs in possession of estate property or in debt to the deceased must provide precise information regarding such circumstances prior to the division.
B. Instructions concerning the division
I. Disposition mortis causa
Art. 608
1 The testator is entitled by means of disposition mortis causa to give his or her heirs instructions concerning the division and the formation of portions. 2 Such instructions are binding on the heirs, subject to measures to balance out the portions in the event of an inequality not intended by the testator. 3 Unless other intentions on the part of the testator are evident from his or her disposition, any bequest of a given part of the estate to one particular heir is deemed to be merely an instruction concerning the division rather than a specific legacy.
II. Assistance from the authorities
Art. 609
1 At the request of a creditor who has acquired or distrained an inheritance that has passed to an heir or who holds unpaid debt certificates against him or her, the authorities must assist in the division in place of that heir. 2 Cantonal law may provide for official intervention in the division process in other cases.
C. Performing the division
I. Equal rights of heirs
Art. 610
1 Except where other provisions apply, all heirs have an equal right to the estate property. 2 They must disclose to each other all circumstances concerning their relationship with the deceased insofar as these pertain to the just and equitable division of the estate. 3 Each heir may request that the debts of the deceased be redeemed or secured prior to division of the estate.
II. Formation of lots
Art. 611
1 The heirs form as many portions or lots as there are heirs or stirpes. 2 If they are unable to reach agreement, at the request of one heir the competent authority must form the lots with due regard to local custom and the personal circumstances and wishes of the majority of the co-heirs. 3 The lots are distributed among the heirs either as agreed or by the drawing of lots.
III. Allocation and sale of specific objects
Art. 612
1 Where the value of an object belonging to the estate would be substantially diminished if such object were divided, it is allocated in its entirety to one of the heirs. 2 Where the heirs are unable to agree on the division or allocation of an object, it must be sold and the proceeds divided. 3 At the request of an heir, such sale must be carried out at auction and, in the absence of agreement among the heirs, the competent authority decides whether such auction is to be public or only among the heirs.
IV. Allocation of the home and household effects t
Art. 612a
1 Where the house or apartment in which the spouses lived or the household effects form part of the estate, the surviving spouse may request that such property be allocated to him or her against his or her portion. 2 Where justified in the circumstances, at the request of the surviving spouse or the other statutory heirs of the deceased, a usufruct or right of residence may be granted rather than ownership of the home. 3 The surviving spouse cannot claim such rights in respect of premises in which the deceased practised a profession or ran a business and which are required by one of his or her issue in order to continue the profession or business, subject to the provisions of agricultural law of succession. 4 The same provisions apply mutatis mutandis to registered partners.
Art. 612a — Inserted by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191). Para. 4 — Inserted by Annex No 8 of the Same-Sex Partnership Act of 18 June 2004, in force since 1 Jan. 2007 (AS 2005 5685; BBl 2003 1288).
D. Special items
I. Items that belong together, family documents
Art. 613
1 Items which by their nature belong together must not be separated if one of the heirs objects to such separation. 2 Family documents and items of special sentimental value to the family must not be sold if any of the heirs objects. 3 If the heirs cannot reach agreement, the competent authority decides whether to sell such items or to allocate them, against the recipient’s portion or otherwise, giving due regard to local custom and, in the absence of such custom, to the personal circumstances of the heirs.
I.bis Agricultural inventory
Art. 613a
Where the tenant of an agricultural enterprise dies and one of his or her heirs continues the lease on his or her own, on request he or she may have the entire inventory (livestock, machinery, supplies, etc.) allocated to him or her and charged to his or her portion at its utility value.
Art. 613a — Inserted by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rural Land Rights, in force since 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953).
II. Claims of the deceased against his or her heir
Art. 614
Claims of the deceased against an heir are charged to the latter’s portion.
III. Pledged estate property
Art. 615
If as a result of the division an heir receives estate property that is pledged to secure the debts of the deceased, the debt to the pledgee is likewise transferred to him or her.
Art. 616
Repealed by Art. 92 No 1 of the FA of 4 Oct 1991 on Rural Land Rights, with effect from 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953).
IV. Land
1. Method of allocation
a. Imputed value
Art. 617
Land is charged to the heirs’ portions at its market value as at the time of the division.
Art. 617 — Amended by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rural Land Rights, in force since 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953).
b. Valuation procedure
Art. 618
1 Where the heirs are unable to agree on the market value, it is estimated by an officially appointed expert. 2 ...
Para. 1 — Amended by Annex 1 No II 3 of the Civil Procedure Code of 19 Dec. 2008, in force since 1 Jan. 2011 (AS 2010 1739; BBl 2006 7221). Para. 2 — Repealed by No I 1 of the FA of 6 Oct. 1972, with effect from 15 Feb. 1994 (AS 1973 93; BBl 1970 I 805, 1971 I 737).
V. Agricultural businesses and land
Art. 619
The method of including and allocating agricultural enterprises and agricultural land is governed by the Federal Act of 4 October 1991 on Rural Land Rights.
Art. 619 — Amended by Art. 92 No 1 of the FA of 4 Oct. 1991 on Rural Land Rights, in force since 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953). SR 211.412.11
Art. 620–625
Repealed by Art. 92 No 1 of the FA of 4 Oct 1991 on Rural Land Rights with effect from 1 Jan. 1994 (AS 1993 1410; BBl 1988 III 953).
Chapter Three: Hotchpot
A. Hotchpot duty of the heirs
Art. 626
1 The statutory heirs are under a mutual obligation to place into hotchpot any property received from the deceased during his or her lifetime as advancements against their share of the estate. 2 Unless the deceased expressly instructed otherwise, anything gifted or granted to his or her issue by way of dowry, endowment or assignment of assets, debt remission and the like is subject to hotchpot.
B. Hotchpot if heirs cease to be heirs
Art. 627
1 If a person ceases to be an heir before or after succession, his or her duty of hotchpot passes to the heirs that replace him or her. 2 The issue of an heir have a duty of hotchpot in respect of advancements made in his or her favour even if those advancements have not devolved on them.
C. Calculation method
I. In kind or by imputation of value
Art. 628
1 When placing property in hotchpot, the heirs may at their discretion do so either in kind or by imputing its value, even if the advancements made in their favour exceed the value of their share of the estate. 2 The above provisions are subject to any contrary instructions issued by the testator and to the co-heirs’ right to abatement of the advancements.
II. Correlation with share of the estate
Art. 629
1 Where advancements to an heir exceed the value of his or her share of the estate, subject to claims in abatement, the surplus is exempt from hotchpot if it may be shown that the deceased intended to favour said heir by such advancements. 2 Exemption from hotchpot is presumed in the case of endowments in the usual order of magnitude made to the issue on their marriage.
III. Hotchpot value
Art. 630
1 Hotchpot is calculated according to the value of the advancements on succession or, where the advanced property has previously been sold, the sale proceeds obtained. 2 Any expenditure on and damage to the property and the natural produce derived therefrom must be allowed for among the heirs according to the rules governing possession.
D. Education costs
Art. 631
1 Unless it is shown that the deceased intended otherwise, sums expended by him or her on the upbringing and education of individual children are subject to hotchpot only insofar as they exceed the normal amounts. 2 Children still in education or who suffer from disabilities must be granted appropriate advance payments on division of the estate.
Para. 2 — Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
E. Occasional gifts
Art. 632
Customary occasional gifts are not subject to hotchpot.
Art. 633
Repealed by No I 1 of the FA of 6 Oct. 1972, with effect from 15 Feb. 1994 (AS 1973 93; BBl 1970 I 805, 1971 I 737).
Chapter Four: Completion and Effect of Division
A. Agreement
I. Contract of division
Art. 634
1 The division of the estate becomes binding on the heirs once the lots have been formed and received or on conclusion of the contract of division. 2 In order to be valid, the contract of division must be done in writing.
II. Contracts regarding shares of the estate
Art. 635
1 In order to be valid, contracts between heirs regarding assignment of shares of the estate must be done in writing. 2 If such contracts are concluded by an heir with third parties, they do not give the latter any right to participate in the division of the estate, but merely confer a claim on the share allocated to that heir as a result of the division.
Para. 1 — Amended by No I 2 of the FA of 5 Oct. 1984, in force since 1 Jan. 1988 (AS 1986 122 153 Art. 1; BBl 1979 II 1191).
III. Contracts prior to succession
Art. 636
1 Contracts concluded without the involvement and authorisation of the testator between one heir and another or between an heir and a third party regarding an inheritance that has not yet devolved on the heir are not binding. 2 Any performance rendered under such contracts may be reclaimed.
B. Liability among co-heirs
I. Warranty
Art. 637
1 On completion of the division, the co-heirs are mutually liable for the estate property as if they were purchasers and vendors. 2 They must mutually warrant the existence of claims allocated to them in the division and, except in the case of securities with a market price, are mutually liable as simple guarantors for the debtor’s solvency in the amount at which such claims were brought into account. 3 Claims under such warranty prescribe one year after the division or the subsequent date on which the claims fell due.
II. Challenging the division
Art. 638
A contract of division may be challenged in accordance with the provisions governing challenge of contract in general.
C. Liability toward third parties
I. Joint and several liability
Art. 639
1 Even after the division of the estate, the heirs remain jointly and severally liable with their entire property for the debts of the testator to his or her creditors, providing the latter have not expressly or tacitly agreed to a division or transfer of such debts. 2 The joint and several liability of the co-heirs prescribes five years after the division or the subsequent date on which the debt claim fell due.
II. Recourse against co-heirs
Art. 640
1 If an heir has paid a debt owed by the deceased that was not allocated to him or her in the division, or if he or she has paid more of a debt than he or she has assumed, he or she has right of recourse against the co-heirs. 2 Recourse is taken first against the person who assumed such debt in the division. 3 In all other respects, the heirs must bear the debts in proportion to their shares in the estate, unless otherwise agreed.