Legal term

Compulsory portion

The part of an estate to which certain relatives are entitled even against the will of the deceased. Since 2023, descendants receive half of their statutory share, and parents no longer have a compulsory portion.

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Legal basis

Art. 470 and 471 Swiss Civil Code (ZGB)

Last updated

10 October 2026 · Inheritance law

The compulsory portion protects descendants as well as the spouse or registered partner. Since 1 January 2023, the compulsory portion for all these heirs amounts to half of their statutory share of the estate. Parents no longer have a compulsory portion.

Whatever exceeds the compulsory portions is the freely disposable share. It can be allocated freely by will or contract of succession, for example to a life partner, to children from an earlier relationship or to a charitable organisation. If a compulsory portion is infringed, the person affected can demand an abatement. If divorce proceedings are pending, the spouse's compulsory portion may lapse under certain conditions.

In practice

Review wills made before 2023 in light of the new shares. Wording such as “limit to the compulsory portion” has a different effect today.

Frequently asked questions

How large is the children's compulsory portion?

Since 2023, half of their statutory share. If someone leaves only children, the freely disposable share therefore amounts to half of the estate.

Do parents still have a compulsory portion?

No. Since 1 January 2023, parents are no longer protected by a compulsory portion. They inherit only if they are statutory heirs and no will provides otherwise.