Settling your estate These 8 mistakes can invalidate your will

Sven Ziegler

25.8.2025

A will is drawn up.
A will is drawn up.
Jens Büttner/dpa-Zentralbild/dpa

Many people put off estate planning - and rely on assumptions that aren't true. Eight misunderstandings that can be costly in the event of an inheritance.

No time? blue News summarizes for you

  • Many misconceptions about wills and inheritance lead to disputes or invalid dispositions.
  • Without clear estate planning, partners and family members are often worse off than expected.
  • If you observe the formal requirements and compulsory portions, you can effectively enforce your last will and testament.

Have your will notarized

There is a widespread opinion that only a notarized will is valid. This is not true. In Switzerland, a fully handwritten, dated and signed will is sufficient. It must be handwritten and contain no gaps or ambiguities - then it is legally valid.

If you want to be absolutely sure, you can have your will checked by a notary or a specialist. However, notarization is not mandatory; it merely provides additional security in the event of a dispute.

The surviving partner automatically inherits everything

Many people assume that the spouse or registered partner automatically becomes the sole heir in the event of death. In reality, the surviving partner shares the inheritance with the children - or, if there are none, with other relatives. Without a will, the partner is therefore not entitled to the entire estate.

This is particularly tricky in patchwork families or constellations without a marriage certificate. Without a clear will, the assets can also go to distant relatives. If you want to protect your partner, you should explicitly name them as a beneficiary in your will.

Married couples may draw up a joint will

A joint will between spouses is not permitted in Switzerland. Each partner must draw up their own handwritten will. A joint document is ineffective and could be successfully contested by relatives in the event of an inheritance.

Couples who wish to make the same arrangements can do so in two parallel, almost identical wills. If you want to make comprehensive arrangements, you can also conclude an inheritance contract - but this must be notarized by a notary.

Compulsory portions can be ignored

Even if part of the estate may be freely distributed, compulsory portions are protected by law. Children, spouses and, in certain cases, parents are entitled to a minimum share. If this is violated in the will, the disadvantaged parties can contest the disposition.

In patchwork families or childless couples in particular, it is important to keep an eye on the compulsory portions. If you want individual solutions, you should work with an inheritance contract or seek legal advice.

Gifts prevent inheritance disputes

Many people think that making gifts during their lifetime will simplify the inheritance. In fact, the opposite can happen. If gifts are not regulated in writing, they must be compensated in the event of inheritance. The recipient may have to offset the value against other heirs.

To avoid conflicts, gifts should be clearly documented or mentioned in the will. Giving away large sums without a written agreement often causes additional controversy in the estate.

Estate planning can be postponed

"There's still time", many people think - but life is unpredictable. If you don't draw up a will, you run the risk of the surviving partner having to sell the house in order to pay off the other legal heirs.

Unmarried couples or those without children are particularly at risk: without a will, the partner is left empty-handed. If you regularly check and adapt your will to ensure that the arrangements you have made still fit your life situation, you will avoid any nasty surprises.

Formal requirements are irrelevant

A handwritten will must be handwritten, dated and signed. A text written on a computer and merely signed is invalid. A joint will between spouses is also invalid.

If you use templates, you should still copy the text by hand. This is the only way to ensure that the will meets the legal requirements. If you are unsure, it is advisable to have it notarized.

Childless and unmarried couples are protected

There is a widespread misconception that people who live together without a marriage certificate have nothing to worry about. In reality, cohabiting partners are left completely empty-handed in the event of inheritance if they are not expressly included in the will.

Childless couples should therefore make sure that their partner is financially protected. Otherwise, distant relatives will inherit - even if this does not correspond to the actual will.


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