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Succession law is modernized. The mandatory portion of children is reduced, who have failed for life companions.
The almost century-old inheritance law is modernized: after the Council of States, the National Council has also spoken in favor. The objective of the reform is to take more into account the new forms of relationship and family. Mixed families with children of the couple, legally indefinite couples, or second and third marriages are widespread.
The revision of the Swiss Civil Code aims to reduce this gap between the law and reality.
Justice Minister Karin Keller-Sutter noted that the current inheritance law had proven its worth and therefore no “fundamental innovations” were indicated. However, the rules need to be modernized “as needed.”
No revolution
A clear majority in the great chamber accepted the proposal, although without enthusiasm. “The filing will not lead to fewer inheritance disputes, but at least a little more freedom,” said Philipp Matthias Bregy (CVP / VS), who works as a divorce lawyer.
The SP and the Greens would be willing to undertake a more comprehensive reform. Small adjustments are better than none, said Daniel Brélaz (Greens / VD). Beat Flach (GLP / AG) spoke of a “moderate submission”.
Fundamentally against the reform, only the SVP parliamentary group resisted. “We better not open this Pandora’s box,” warned Pirmin Schwander of Schwyz. The right to inheritance must serve the peace of the family. The review disturbs this. From the SVP’s point of view, a review would only make sense if the testator could freely decide what to do with his estate.
More freedom for testators
The Federal Council does not want to go that far. But it starts with the mandatory parts: that’s the part of the inheritance to which the children, spouses or parents are entitled. The concept remains unchanged: whoever leaves behind a fortune can only determine with restrictions in the future who has what part of it.
In the future, however, the testator may freely dispose of a greater part of the estate. The mandatory portion for descendants will be reduced. Today, children are entitled to three-quarters of the legal inheritance as a mandatory part. You must share this right with a surviving spouse. The mandatory part of children is now halved, that of parents is eliminated.
The mandatory part of the spouse or registered partner is left in the middle of the legal inheritance claim. Parliament approved these changes without much discussion.
No pension for life partner
The Federal Council also proposed promulgating a regulation for life members. Today, these disappear empty-handed if the testator has not made the necessary arrangements. The Federal Council wanted to ensure their subsistence level with a right to maintenance, provided the couple had lived together for at least five years.
However, Parliament removed this rule. The great room followed the Council of States with 94 votes to 90 and 2 abstentions.
In the general vote, the large chamber accepted the proposal by 140 votes to 48 and one abstention. This now goes back to the Council of States. The little chamber will likely discuss the remaining differences in the winter session.
