Inheritance and Testament

The ‘disposable part’ is the portion of estate assets not reserved for heirs protected by the compulsory portion. Under the revised succession law in force since 1 January 2023, the disposable part has risen to 50%. The compulsory shares of direct descendants were reduced and those of parents were abolished.

In this case, the statutory entitlement applies. The estate is divided among the family members and surviving spouse. If you are not survived by any family members or a spouse and have not made a will, your entire estate will go to the state.

Everything that belongs to the person making the will. This includes real estate, securities, bank accounts, jewellery and so on. Intangible assets such as licences, copyrights or patents are also part of the estate.

As the name suggests, the person making the will can do what he/she wishes with the disposable part, which can be bequeathed in its entirety or divided. For example, it is possible to leave an additional gift to an heir entitled to a compulsory portion, such as a spouse or one of the children. Godchildren, close friends or charitable organisations such as Swiss Solidarity are often chosen to receive a share of the disposable part.

Your will must be handwritten in its entirety and must include the place it was written, the date and your signature. You can keep your will at home or deposit it at an officially designated location. The competent authority varies from canton to canton and can include the courts, the administrative offices of the municipality of residence or a competent notary’s office. It is also possible to place your will in the care of your executor. If you choose to keep your will at home, ensure that it is accessible and easy to find. To ensure that your will is valid, you should have it checked by a legally qualified person.

In order to bequeath all or a portion of the disposable part of your estate to Swiss Solidarity, it is important to specify Swiss Solidarity’s exact name and address, as follows: Glückskette/Chaîne du Bonheur, Quai Ernest-Ansermet 20, 1211 Genève 8.

You can leave something to Swiss Solidarity in a number of ways. If Swiss Solidarity is named as an heir with a specific share, the organisation will be included in the community of heirs. In that case, the organisation, together with the other heirs, will have access to the entire estate and will be a party to the division of the estate.

If the organisation is bequeathed a certain amount from the disposable part, this is considered a bequest (legacy). It is possible to define a bequest as a proportion of the estate rather than as a fixed sum.

If the estate is substantial, there is a risk with fixed amounts that you allocate less to an organisation than the disposable part would have allowed. On the other hand, if the estate is smaller than assumed and a fixed amount had been allocated, the respective shares of the heirs protected by the compulsory portion could be affected. It may therefore be advisable to use percentages for bequests.

In principle, yes, this is possible. However, we advise against specifying a particular use. While a humanitarian crisis or natural disaster may be making headlines today, it may no longer be current at the time of death. Swiss Solidarity uses income from legacies and inheritances where it is most urgently needed. Alternatively, you can designate one or more of Swiss Solidarity’s permanent funds: Child protection in Switzerland, Child relief International, Emergency Aid.

Swiss Solidarity can put you in touch with a lawyer for a free initial consultation if required. Please feel free to contact us for more information about Swiss Solidarity and our work. We are here for you personally!