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Glossary

Usufruct

Usufruct grants an entitled person the full enjoyment of an asset or estate without becoming its owner. In inheritance law it is an important planning instrument in favour of the surviving spouse or registered partner: a testator can grant the survivor usufruct over the share of the common descendants (Art. 473 CC). The inheritance law revision of 1 January 2023 strengthened this instrument by allowing the surviving spouse to additionally receive half of the estate as full ownership alongside the usufruct. In this way the survivor remains economically secure while the descendants retain ownership.

At a glance

01

Usufruct grants the right to full enjoyment of an asset or estate without transferring ownership.

02

In inheritance law the surviving spouse can receive usufruct over the share of the common descendants (Art. 473 CC).

03

Since 1 January 2023, the survivor can additionally receive half of the estate as ownership alongside the usufruct.

Frequently asked questions

It economically secures the surviving spouse or registered partner by granting them enjoyment of the common descendants' share (Art. 473 CC). The descendants keep ownership, while the survivor receives the income and use.
Since 1 January 2023, the surviving spouse can additionally receive half of the estate as ownership alongside the usufruct, rather than only a smaller share as before. This strengthened the protection of the survivor.

Sources: Systematische Rechtssammlung (fedlex), ZGB SR 210 · Bundesamt für Justiz, Revision des Erbrechts