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Glossary

Inheritance Contract

An inheritance contract is a bilateral disposition upon death by which at least two persons bind themselves contractually regarding an estate. Unlike a will, it can be created in only one form: by public notarisation with the involvement of two witnesses (Art. 512 CC). The decisive difference from a will is its binding effect: an inheritance contract generally cannot be revoked unilaterally against the will of the other party. It is suitable when arrangements are to be recorded bindingly and reliably for everyone involved.

At a glance

  • The inheritance contract is created solely by public notarisation with the involvement of two witnesses (Art. 512 CC).
  • It binds both parties and generally cannot be revoked unilaterally against the other party's will.
  • By contrast, a will is unilateral and can be revoked freely at any time.

Frequently asked questions

An inheritance contract is bilateral and binding: it requires the agreement of both parties and generally cannot be revoked unilaterally. A will, by contrast, is unilateral and freely revocable at any time. In addition, an inheritance contract requires public notarisation with two witnesses (Art. 512 CC).
An inheritance contract is suitable when arrangements are to be recorded bindingly, for instance to agree reliably on benefits or a waiver of inheritance. Its binding effect provides legal certainty for everyone involved.

Sources: Systematische Rechtssammlung (fedlex), ZGB SR 210 · Gerichte des Kantons Zürich, Formvorschriften Testament und Erbvertrag