Estate Planning and Will Intake
A professional estate planning intake form for Swiss law practices. Covers assets, heirs, existing dispositions, and succession wishes. Aligned with Swiss Erbrecht (ZGB Part III) and nFADP.
About this template
The Estate Planning and Will Intake Form is designed for Swiss law firms, notaries, and fiduciary offices advising clients on the drafting or revision of a testament (will) or succession mandate. It collects the structured information an advisor needs to prepare a first consultation: the client's family situation, assets, existing documents, and wishes for the distribution of their estate. All information is protected by professional privilege and the Swiss nFADP.
What this form collects
- Client's personal details and family status
- Marital or partnership situation and matrimonial property regime
- Names and relationship of legal heirs (Erben)
- Overview of assets: real estate, financial assets, business interests
- Existing testamentary documents and their location
- Wishes regarding distribution of the estate
- Specific legacies and donations (Vermaechtnis)
- Executor preference (Willensvollstrecker)
- Cantonal domicile for applicable succession law
Swiss succession law: mandatory share rules
Under Swiss ZGB Part III (Erbrecht), certain heirs — descendants, and in some cases the surviving spouse — are entitled to a mandatory share (Pflichtteil) that cannot be reduced by will. Your attorney will advise you on the applicable shares. All information disclosed is protected by professional privilege under Art. 321 StGB and processed in accordance with the nFADP.
How to use this template
Use this template
Click 'Use template' to create a copy in your dashboard.
Add your practice details
Insert your firm name, notarial registration number if applicable, and canton.
Send to the client before the first appointment
Share the form link so the client can gather the relevant information before the consultation.
Review and prepare the consultation
Use the responses to identify potential issues such as blended family dynamics, cross-border assets, or business succession.
Estate planning and succession law in Switzerland: a guide
Swiss succession law (Erbrecht) is governed by Part III of the Civil Code (ZGB Art. 457-640). Switzerland has a civil law tradition in which the rights of close family members are protected by mandatory inheritance shares. At the same time, testators retain significant freedom to distribute their disposable portion (freie Quote) as they wish.
Who inherits under Swiss law without a will?
Without a valid testamentary disposition, the estate passes under the rules of intestate succession (gesetzliche Erbfolge) in ZGB Art. 457-466. The first tier of heirs are the descendants (Nachkommen). If there are no descendants, the parental line (parents and their descendants) inherits. The surviving spouse or registered partner is entitled to inherit alongside the descendants or parental line, receiving half the estate alongside descendants or three-quarters alongside the parental line.
Mandatory shares and the disposable portion
A key feature of Swiss succession law is the Pflichtteil (mandatory share). Descendants are each entitled to half of their intestate share as a Pflichtteil. The surviving spouse or registered partner is entitled to half of their intestate share as a Pflichtteil. From 1 January 2023, following the revision of Swiss succession law, parents are no longer entitled to a Pflichtteil. The remainder of the estate after satisfying Pflichtteile is the freie Quote (disposable portion) which the testator may allocate freely.
Forms of testamentary disposition in Switzerland
Swiss law recognises three forms of will: the holographic will (eigenhaeandiges Testament), which must be entirely handwritten, dated, and signed by the testator; the public will (oeffentliches Testament), executed before a notary with two witnesses; and the oral will (muendliches Testament), permitted only in genuine emergency situations. Swiss law also allows for succession contracts (Erbvertrag) entered into with the agreement of affected heirs.
Cross-border succession and international private law
For clients with assets or heirs in multiple countries, Swiss international private law (IPRG Art. 86-96) and the EU Succession Regulation (for EU member states) determine which country's law applies to the estate. Swiss residents may opt for Swiss law to govern their estate even if they hold foreign nationality. Specialist advice is strongly recommended for any cross-border estate.
Frequently asked questions
Does a will need to be notarised in Switzerland?
No. A holographic will is valid without notarisation if it is entirely handwritten, dated, and personally signed by the testator. However, notarial wills offer greater protection against challenges.
Can I disinherit my children in Switzerland?
Only partially. Swiss law protects descendants with a mandatory Pflichtteil equal to half their intestate share. Complete disinheritance is only possible in narrowly defined circumstances such as serious misconduct by the heir (Art. 477 ZGB).