Glossary
Legacy (Bequest)
A legacy, also called a bequest, is a disposition upon death in favour of a person without appointing that person as an heir. Under Art. 484 para. 1 of the Swiss Civil Code, the testator may grant a beneficiary an asset in this way. The beneficiary does not join the community of heirs and is not liable for the debts of the estate; the claim is against the heirs who must discharge the legacy, termed the burdened heirs in the statute.
At a glance
- The legal basis is Art. 484 of the Swiss Civil Code; a legacy does not require the appointment of an heir.
- The beneficiary is not liable for estate debts but holds a claim against the burdened heirs.
- Where legacies exceed the disposable portion, Art. 486 para. 1 of the Swiss Civil Code allows a proportionate abatement to be requested.
Frequently asked questions
A person appointed as an heir succeeds to the legal position of the deceased, belongs to the community of heirs and is liable for the debts of the estate. A person receiving a legacy obtains a single asset under Art. 484 of the Swiss Civil Code without becoming an heir, and holds a claim against the burdened heirs instead.
Yes. Where legacies exceed the amount of the estate, the disposition in favour of the burdened party or the disposable portion, Art. 486 para. 1 of the Swiss Civil Code allows a proportionate abatement to be requested. The statutory entitlements of the compulsory heirs take precedence over a legacy.
Part of the topic
Life Events & Finances
Sources: Systematische Rechtssammlung (fedlex), ZGB SR 210
This entry is for general information purposes only and does not constitute investment, legal or tax advice. It is a simplified summary of the legal position and tax treatment.