You are at liberty to decide what you want to leave behind, whom you want to thank, whom you would like to give a treat, whom to support, or to pay forward. You have the opportunity to do so.
Swiss Inheritance Law Revision
Due to the revised Swiss inheritance law you will always be able to freely dispose of at least half of your estate from January 1, 2023 on.
It is worth considering whether the statutory regulation suits you or whether you deviate from it, e.g. by making a holographic will.
Within the family, there is a natural right to inherit, and the compulsory portion cannot be withdrawn in principle. The compulsory portion for all protected heirs (descendants; surviving spouse or registered partner) is now half of the statutory succession rights as of January 1, 2023 (cf. Art. 471 Swiss Civil Code).
Concrete example
Intestate, legal succession
According to the illustration, you are survived by your spouse and your child. By law, both inherit each one-half of the entire estate. This is because if you die intestate, the law determines who will receive how much.
Estate planning
Now you would like to dispose of larger share of your estate, as you may wish to thank someone, and therefore make a holographic will.
Forced heirship (aka statutory share)
You have to observe compulsory portions, among other things. A testator may not freely dispose of the statutory share. If he does so anyway, heirs protected by the statutory share may sue for a reduction.
Available quota
You are free to dispose of the available quota, i.e. the part of the assets that exceeds the compulsory portions.
The compulsory portion for descendants has been reduced from three quarters to half from January 1, 2023, and that for parents abolished. Therefore, review your existing will. This increases the available quota, as you can freely dispose of a large share of your estate. You may bequeath a legacy to a beneficiary. This may cause an argument. Children should be treated equally if possible.
In the specific example, the statutory share of the spouse and the child each amount to half of the succession rights (cf. Art. 471 CC), i.e. one quarter of the estate for each of them. – You can freely dispose of the available quota – i.e. half -, under the old law, over three-eighths.
In practice
This has various practical implications. You can make sure your legal heirs only receive their statutory share, and dispose of the available quota, e.g. by naming heirs to a fraction of the estate, or by bequeathing a legacy to a beneficiary.
Hold you in grateful memory
Keep your family together so that you will be remembered fondly.