Can I Exclude My Husband From My Will After Seperation?

My husband and I are seperated and I would like to exclude him from my will and leave my entire fortune to my daughter. Is this possible in Switzerland?

Hi there,

Swiss succession law defines minimum, compulsory inheritance shares which must be left to relatives. You cannot exclude a legal relative, such as your husband, from your inheritance by creating a will. If you create a will, it must fall in line with the legal compulsory shares. You can find a clear breadown of the order of succession in the moneyland.ch guide to Swiss inheritance rules.

However, there is a "free" share in addition to compulsory inheritance shares which you are free to leave or gift to whomever you wish. You can dictate who will inherit this free share of your assets by creating a will which clearly states your wishes.

If you actually legally divorce your husband, assets which are considered to be joint assets – normally all assets accumulated during your marriage unless otherwise defined by a marital agreement. 2a pension fund benefits and 1a social security OASI benefits accumulated during your marriage will normally be divided between you when you divorce.

After all assets have been divided legally when you divorce, your ex-spouse will no longer hold any inheritance claim to your assets.

Best regards from Moneyguru

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