# Statutory entitlements: what close family members are owed

Statutory entitlements protect close family members from being left with nothing at all by a will or a contract of succession. Since 1 January 2023, only descendants and the surviving spouse or registered partner have a statutory entitlement; parents, siblings and other relatives no longer have one. The statutory entitlement is half of the statutory succession rights, and the rest can be freely disposed of. If you have been passed over or receive too little, you can enforce your statutory entitlement with an action for abatement - short time limits apply. If you are planning your own estate, this guide shows how much you can freely distribute and what options exist, such as disinheritance or usufruct for a spouse.

This guide covers: The statutory entitlement of descendants and of spouses and registered partners under the law of succession in force since 1 January 2023: how much it amounts to, what remains freely disposable, when a spouse loses it, usufruct as an alternative, which lifetime gifts count towards it, how you enforce it with an action for abatement and within what time limits, and disinheritance and waiving the statutory entitlement.

Not covered: The detailed calculation of a specific estate, intestate succession in detail, inheritance tax, cross-border inheritance cases, and deaths before 1 January 2023, to which the law then in force can still partly apply.

## Your answers

- What is your situation? (I am an heir and have been passed over or am receiving too little / I am planning my own will or estate / I don't know exactly yet)
- What is or was your relationship to the deceased? (Child or grandchild / Spouse or registered partner / Parent / Sibling or other relative / I don't know, or this doesn't apply)
- When did the deceased die, or are you planning for the future? (Before 1 January 2023 / On or after 1 January 2023, or the death has not yet occurred / I don't know)
- Were divorce proceedings, or proceedings to dissolve the registered partnership, pending at the time of death? (Yes / No / I don't know, or this doesn't apply)
- Is there a will or a contract of succession? (Yes / No, as far as I know / I don't know)
- Since when have you known facts suggesting that your statutory entitlement has been infringed? (Less than a year ago / More than a year ago / I don't know, or this doesn't apply)

## Watch out

If you are a parent, sibling or other relative of the deceased, you have no statutory entitlement under the law now in force. The deceased can leave you out completely by will or contract of succession, even without any reason. You inherit by law only if the deceased leaves no descendants, and only to the extent that no will or contract of succession provides otherwise. Alongside a surviving spouse or registered partner, the parental line receives a quarter of the estate.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know; What is or was your relationship to the deceased? → Parent / Sibling or other relative / I don't know, or this doesn't apply*

Sources: [ZGB · Art. 470](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_470), [ZGB · Art. 458](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_458), [ZGB · Art. 462](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_462)

The most important time limit: the action for abatement becomes time-barred one year after you learned of the infringement of your statutory entitlement. It is enough that you know the facts that make success of the action seem possible; complete certainty is not needed, and the time limit already runs even so. In any case, the action becomes time-barred at the latest ten years after the will or contract of succession was opened, or, for lifetime gifts, ten years after the death of the deceased. These time limits are strict: a letter, debt enforcement proceedings or negotiations do not stop them running. You can only preserve them by filing a request for conciliation or bringing an action in time. So do not wait until every figure is certain: as soon as you can suspect an infringement of your statutory entitlement, you should act, or at least preserve the time limit in time.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know; What is your situation? → I am an heir and have been passed over or am receiving too little / I don't know exactly yet*

Sources: [ZGB · Art. 533](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_533), [BGE 121 III 249, E. 2a](https://mcp.opencaselaw.ch/entscheid/bge_BGE_121_III_249#e-2a), [BGE 98 II 176, E. 10](https://mcp.opencaselaw.ch/entscheid/bge_BGE_98_II_176#e-10), [ZPO · Art. 62](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_62), [ZPO · Art. 64](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_64)

## What to do

**1.** If you are planning your estate, first work out who has a statutory entitlement: descendants and your spouse or registered partner. Calculate their statutory entitlements, and so the disposable part, before you make provisions in a will. If you want to favour someone more than the disposable part allows, consider a usufruct arrangement for a spouse, disinheritance for a narrow reason, or a contract of succession with the people concerned. Document larger lifetime gifts in writing, because these can later be taken into account or abated. Have a will or contract of succession checked by a professional, or have it made as a public deed.

*Applies if: What is your situation? → I am planning my own will or estate / I don't know exactly yet*

**2.** If you suspect that your statutory entitlement has been infringed: get a copy of the will or contract of succession and, if necessary, the certificate of inheritance. Note the date on which you first learned of this, or of the possible infringement; it is decisive for the time limit. Work out roughly what you would be entitled to as a statutory entitlement. Gather evidence of larger gifts the deceased made during their lifetime. First try to reach an agreement with the favoured heirs; if this does not succeed, you must file the action for abatement in time.

*Applies if: What is your situation? → I am an heir and have been passed over or am receiving too little / I don't know exactly yet*

## The law

Your statutory entitlement is the part of the estate that the deceased cannot take away from you by will or contract of succession. Today, only descendants, that is, children and grandchildren, and the surviving spouse or registered partner have a statutory entitlement. For each of these people, it amounts to half of what they would inherit by law without a will. Since 1 January 2023, parents no longer have a statutory entitlement; siblings, cohabiting partners and other relatives do not have one either.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know*

Sources: [ZGB · Art. 470](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_470), [ZGB · Art. 471](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_471)

An example: a married man dies leaving his wife and two children, with no will providing otherwise. On his death, the marital property is first divided under matrimonial property law; only his share of it forms the estate. By law, the wife receives half the estate, and the two children together the other half, so a quarter each. The statutory entitlement is half of that: the wife is entitled to at least a quarter of the estate, and each child to at least an eighth. Together, this comes to half the estate. Over the other half, the disposable part, the deceased can freely dispose by will or contract of succession, for example in favour of a child, another person or an organisation.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know; What is or was your relationship to the deceased? → Child or grandchild / Spouse or registered partner / I don't know, or this doesn't apply*

Sources: [ZGB · Art. 457](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_457), [ZGB · Art. 462](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_462), [ZGB · Art. 471](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_471), [ZGB · Art. 204](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_204)

What is not tied up by statutory entitlements is the disposable part. You can freely dispose of this by will or contract of succession, for example in favour of individual heirs, a person who is not related to you, or a charitable organisation. If you leave neither descendants nor a spouse or registered partner, you can freely dispose of your entire estate. The disposable part is calculated on the basis of the assets at the time of death, after deducting the debts, the funeral costs, the costs of sealing the estate and drawing up the inventory, and the maintenance of household members for one month.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know*

Sources: [ZGB · Art. 470](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_470), [ZGB · Art. 474](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_474)

If divorce proceedings were pending at the time of death, the surviving spouse loses the statutory entitlement if the proceedings were brought by joint request or continued as such, or if the spouses had already been living apart for at least two years at that point. In that case, the statutory entitlements of the other heirs apply as if the deceased had never been married. The same applies correspondingly to proceedings to dissolve a registered partnership. This does not mean that the surviving spouse automatically inherits less: the marriage continues to exist until the divorce becomes final, and without a will or contract of succession they receive their statutory succession rights. The rule only means that the deceased was allowed to leave them out completely in a will or contract of succession.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know; What is or was your relationship to the deceased? → Spouse or registered partner / I don't know, or this doesn't apply; Were divorce proceedings, or proceedings to dissolve the registered partnership, pending at the time of death? → Yes / I don't know, or this doesn't apply*

Sources: [ZGB · Art. 472](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_472), [ZGB · Art. 462](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_462)

By will or contract of succession, the deceased can grant the person they were married to, or with whom they lived in a registered partnership, a usufruct over the whole share passing to their joint descendants, instead of a share of the estate. This gives the surviving person a right to use the children's entire share of the estate, without it having to be paid out immediately. Alongside this, the disposable part amounts to half the estate. If the surviving person remarries or enters into a new registered partnership, the usufruct lapses on the part that would otherwise exceed the descendants' statutory entitlement.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know; What is or was your relationship to the deceased? → Spouse or registered partner / I don't know, or this doesn't apply*

Sources: [ZGB · Art. 473](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_473)

Not only assets and dispositions on death count towards the statutory entitlement. Certain gifts that the deceased made during their lifetime are also taken into account: gifts made in the five years before death, gifts that could be freely revoked at any time, wedding gifts, endowments, advances against a future share of the estate, and transfers of assets that were clearly made only to circumvent testamentary freedom. Such gifts can be abated like a testamentary provision if they infringe your statutory entitlement. Ordinary occasional gifts are not included. Whether a particular gift counts depends heavily on the individual case; document what you know about it.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know*

Sources: [ZGB · Art. 475](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_475), [ZGB · Art. 527](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_527)

If there is no will and no contract of succession, intestate succession applies, and your statutory entitlement is therefore already secured by law. An infringement of the statutory entitlement can then mainly arise from lifetime gifts to other people, for example large gifts. In this case, check above all whether the deceased made such gifts before their death.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know; Is there a will or a contract of succession? → No, as far as I know*

Sources: [ZGB · Art. 457](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_457), [ZGB · Art. 475](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_475), [ZGB · Art. 527](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_527)

If you receive less than your statutory entitlement in value, you can use an action for abatement to demand that other gifts be abated until your statutory entitlement is restored. This happens in order: first what others receive under intestate succession, then gifts under a will or contract of succession, and only if that is not enough, lifetime gifts, with later ones abated before earlier ones. The action is brought against the people who received too much. If several heirs with a statutory entitlement were favoured by a disposition on death, abatement between them is in proportion to what each received beyond their own statutory entitlement. You can also raise the claim for abatement as a defence, that is, to resist a claim, if you yourself are sued for the return of property; there is no time limit for this.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know*

Sources: [ZGB · Art. 522](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_522), [ZGB · Art. 523](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_523), [ZGB · Art. 533](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_533), [ZGB · Art. 532](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_532)

The deceased can expressly deprive you of your statutory entitlement by will or contract of succession (disinheritance), but only for narrow reasons: if you have committed a serious criminal offence against the deceased or a person close to them, or if you have seriously breached your family-law duties towards the deceased or their family. The disinheritance is only valid if the reason is stated in the will. If you dispute the disinheritance as incorrect, the person who benefits from it must prove the ground for disinheritance. If the proof does not succeed, or the reason is missing, you keep your statutory entitlement.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know; What is or was your relationship to the deceased? → Child or grandchild / Spouse or registered partner / I don't know, or this doesn't apply*

Sources: [ZGB · Art. 477](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_477), [ZGB · Art. 479](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_479)

You can only waive your statutory entitlement in advance through a contract of succession with the deceased, for example an inheritance renunciation contract. A one-sided will or an informal agreement is not enough. Such a contract of succession must be made in the form of a will made as a public deed: you and the deceased declare your intention jointly to an official and sign the deed in front of the official and two witnesses. Without such a contract, your statutory entitlement remains in place, even if you waived it orally or a will declares it cancelled.

*Applies if: When did the deceased die, or are you planning for the future? → On or after 1 January 2023, or the death has not yet occurred / I don't know*

Sources: [ZGB · Art. 495](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_495), [ZGB · Art. 512](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_512)

The court at the deceased's last place of residence has jurisdiction over the action for abatement. Before you can bring the action, you must generally first go through conciliation proceedings before the conciliation authority; only once these are unsuccessful do you receive the authorisation to proceed to court. File the request for conciliation in time, at the latest before the time limit for the action for abatement expires. The actual proceedings are generally ordinary court proceedings; how long they take depends on the canton and the complexity of the case.

Sources: [ZPO · Art. 197](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_197), [ZPO · Art. 28](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_28)

## Costs

For the action for abatement, the court charges court costs under the cantonal tariff; you usually have to pay an advance on costs. Conciliation proceedings are generally significantly cheaper; they are not free of charge in inheritance matters. Whoever loses the case generally bears the court costs and compensates the other party for their lawyer's costs. If you lack the necessary means and your case is not hopeless, you can apply for legal aid; you are then exempt from the advance on costs and the court costs, and a lawyer is appointed for you under legal aid if necessary. If you lose the case, you must still compensate the other party.

Sources: [ZPO · Art. 95](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_95), [ZPO · Art. 98](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_98), [ZPO · Art. 107](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_107), [ZPO · Art. 117](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_117), [ZPO · Art. 118](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_118), [ZPO · Art. 113](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_113)

## Advice

If the deceased died before 1 January 2023, the statutory entitlement is still governed by the law that applied at the time. This guide describes only the law in force since 1 January 2023 and does not automatically fit such a death. Get personal advice for a death before that date.

*Applies if: When did the deceased die, or are you planning for the future? → Before 1 January 2023*

If you learned of the possible infringement of your statutory entitlement more than a year ago, the one-year time limit for the action for abatement may already have expired. Check immediately, with legal advice, exactly when the time limit began to run and whether it is still open, or whether at least the absolute ten-year time limit is still running. The longer you wait, the harder it becomes to still enforce your claim.

*Applies if: Since when have you known facts suggesting that your statutory entitlement has been infringed? → More than a year ago*

Get personal legal advice if a dispute over the will or over lifetime gifts is threatening, if a business, real estate or larger assets belong to the estate, if the deceased or heirs lived or live abroad, if disinheritance is in question, or if the time limits are running out soon. In cross-border inheritance cases, foreign law rather than Swiss law often applies; have this clarified early.

## Help

Free or low-cost help: the cantonal legal information services provide information on the statutory entitlement and the law of succession. Notaries' offices often provide an initial, sometimes free, consultation or special information days on wills and contracts of succession. Pro Senectute advises older people and their families on estate planning and wills and offers a will calculator. Many bar associations arrange an initial free or low-cost legal consultation.

## Sources

- [ZGB · Art. 457](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_457)
- [ZGB · Art. 462](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_462)
- [ZGB · Art. 470](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_470)
- [ZGB · Art. 471](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_471)
- [ZGB · Art. 472](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_472)
- [ZGB · Art. 473](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_473)
- [ZGB · Art. 474](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_474)
- [ZGB · Art. 475](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_475)
- [ZGB · Art. 477](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_477)
- [ZGB · Art. 479](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_479)
- [ZGB · Art. 495](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_495)
- [ZGB · Art. 512](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_512)
- [ZGB · Art. 522](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_522)
- [ZGB · Art. 523](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_523)
- [ZGB · Art. 527](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_527)
- [ZGB · Art. 533](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_533)
- [ZPO · Art. 28](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_28)
- [ZPO · Art. 95](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_95)
- [ZPO · Art. 98](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_98)
- [ZPO · Art. 107](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_107)
- [ZPO · Art. 117](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_117)
- [ZPO · Art. 118](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_118)
- [ZPO · Art. 197](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_197)
- [BGE 121 III 249, E. 2a](https://mcp.opencaselaw.ch/entscheid/bge_BGE_121_III_249#e-2a)
- [ZGB · Art. 204](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_204)
- [ZPO · Art. 113](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_113)
- [ZGB · Art. 458](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_458)
- [ZGB · Art. 532](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_532)
- [BGE 98 II 176, E. 10](https://mcp.opencaselaw.ch/entscheid/bge_BGE_98_II_176#e-10)
- [ZPO · Art. 62](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_62)
- [ZPO · Art. 64](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_64)

## Official information

- [ch.ch: Who inherits how much (succession and the statutory entitlement)](https://www.ch.ch/de/familie-und-partnerschaft/erbschaft/wer-wie-viel-erbt/)
- [ch.ch: Wills, contracts of succession and gifts](https://www.ch.ch/de/familie-und-partnerschaft/erbschaft/testament-und-erbvertrag/)
- [Pro Senectute: Will calculator (calculating the statutory entitlement)](https://www.prosenectute.ch/de/dienstleistungen/orientierungshilfen/testament-rechner.html)

---

Statute texts checked on 28 September 2026. General legal information. It does not replace individual advice.

https://swisslaw.io/en/inheritance/compulsory-shares/ · swisslaw.io, inheritance.compulsory-shares, 2026-09-28 · CC BY 4.0