Yes, disinheriting a child is legally permissible in Switzerland, but strictly constrained by the Swiss Civil Code (ZGB) and cantonal inheritance laws. Testators may exclude children from wills, yet forced heirship rules (Pflichtteilsrecht) protect minimum statutory entitlements, typically 3/4 of their legal share. Cantonal courts, such as the Zürcher Handelsgericht, rigorously review cases to prevent abuse, while the Federal Supreme Court (FSC) has tightened interpretations post-2023 reforms to curb arbitrary disinheritance. Exceptions require documented justification under Art. 477 ZGB, such as severe misconduct or abandonment.
Key Regulations for Disinheriting a Child in Switzerland
- Forced Heirship (Pflichtteilsrecht): Children retain a statutory minimum claim (e.g., 1/2 of their entitlement for descendants under Art. 471 ZGB), enforceable even if disinherited. Courts assess whether the testator’s reasons align with legal thresholds.
- Valid Grounds for Disinheritance (Enterbungsgründe): Exclusion requires proof of Art. 477 ZGB grounds—e.g., violent acts, fraud against the estate, or prolonged neglect. Emotional disputes alone are insufficient; documentation (e.g., police reports, medical records) is critical.
- Cantonal Variations: Basel-Stadt and Geneva impose stricter judicial scrutiny, while Zug allows more testamentary freedom. The 2026 Inheritance Law Revision may further standardize procedures, emphasizing proportionality in disinheritance cases.