Inheritance contract

A contract on succession between the deceased-to-be and other persons which – unlike a will – binds all parties to it.

In practice

Because an inheritance contract binds all parties, it is particularly suitable for entrepreneurial families that want to secure a succession plan reliably – for example with waivers of compulsory shares or the allocation of shareholdings. In practice, it has to be aligned with the marriage contract, the company agreements and, where applicable, foundation documents. In the family office, a copy, the place where the original is kept and the date of the last review belong in the file, so that the contract can be checked quickly when family events occur.

Distinctions and common mistakes

Unlike a will, an inheritance contract cannot be revoked unilaterally, so later changes require the consent of the other parties. A common mistake is to sign it without aligning it with the marriage contract and company agreements, which can lead to contradictory provisions.

Related terms

Compulsory share

The minimum share of an estate protected by law for close relatives, which cannot be removed by will.

Lasting power of attorney

A declaration by which a person determines who will represent them if they lose the capacity to make their own decisions.

Mentioned in these guides

• Swiss inheritance law: forced heirship since the 2023 reformHow the 2023 reform changed forced heirship shares in Switzerland: descendants, spouses, parents and the freely disposable portion, with examples for planning.
• Inheritance and gift tax in Switzerland: the essentialsHow Swiss inheritance and gift tax works: cantonal rules, exemptions for spouses and most descendants, cantons without the tax, cohabiting partners, planning.
• Marital property, compulsory shares and inheritance contracts in SwitzerlandMarital property and inheritance law for Swiss families: participation in acquired property, marital agreements, compulsory shares since 2023, wills, contracts.
• Succession in a Swiss family businessHow Swiss business families plan succession: within the family, management buy-out or sale, valuation, tax traps, inheritance law and the family office.