A will is flexible, a contract of succession is binding. That is exactly why the contract of succession in Switzerland is often the right instrument when families do not want to “somehow” pass on assets, but need certainty in their planning. Whether for the surviving spouse, children from previous relationships, a family business, or even the benefit of a third party, a contract of succession is often the most suitable solution.

Swiss law provides, through the contract of succession (Art. 512 SCC), a legal instrument that functions as a bilateral or multilateral agreement: the testator agrees on their estate plan together with one or more contractual parties, thereby binding themselves more strongly than with a will.

What makes a contract of succession so special?

The key difference compared to a will is its binding effect: a contract of succession generally cannot be revoked or amended unilaterally. Changes are usually only possible if all contractual parties agree.

This binding nature is both its greatest advantage and its main strategic consideration: Those who commit gain stability, but lose flexibility.

Form and procedure: Notary and two witnesses

A contract of succession must be executed in the same form as a public will: public notarization with the participation of two witnesses.

Typically, the parties sign the document before a notary in the presence of the witnesses. In practice, the process usually looks like this:

• Clarify the family and asset situation 
• Define the objective (e.g., protecting a partner, avoiding conflict in patchwork families) 
• Have the agreement professionally drafted and notarized 

What is a contract of succession particularly suitable for?

Protection of spouses, and also benefiting third parties

Many couples want the surviving partner to remain financially secure, without being forced to sell a property or immediately divide the estate with children.

A contract of succession helps because the solution is bindingly agreed with all affected parties, especially where forced mandatory quotas are involved or where children (e.g., adult descendants) need to be included.

It is also frequently used to benefit third parties (e.g., unmarried partners, stepchildren, godchildren, close friends, or organizations). Such arrangements only become truly stable when heirs agree, and that is exactly what can be achieved through an contract of succession.

Patchwork families: Clarity instead of conflict

Patchwork families are the classic case where a will alone often does not guarantee “peace.”

Different groups of children, loyalties, and expectations can quickly lead to disputes, especially when real estate is involved. A contract of succession can help because it is not imposed unilaterally, but agreed jointly. This often leads to higher acceptance and reduces the risk of later disputes or legal challenges.

Waiver of inheritance is legally a contract of succession and often part of the solution

A waiver of inheritance (full or partial) is considered a contract of succession under Swiss law.

In practice, combinations are common:

• “Positive” elements (e.g., appointment as heir or legacy) 
• “Negative” elements (waiver) 

This is often used when securing a spouse: descendants agree to waive rights now in exchange for being considered later (e.g., as remainder beneficiary).

Because of its binding nature, a contract of succession is particularly suitable for involving all parties and creating clarity.

Conditional waiver of inheritance (Art. 496 SCC)

A waiver of inheritance can be made subject to a condition, namely that a specific heir actually receives the inheritance. If this acquisition fails (e.g., due to predecease, renunciation, or unworthiness), the waiver can also fall away, meaning the waiving party may still become an heir.

This acts as an important “safety mechanism” to prevent the waiver from becoming ineffective.

Protective clauses: “You may no longer change your mind” – but don’t overdo it

Contract of successions often include protective clauses: for example, assurances that the testator will not dispose of certain assets in a conflicting way.

Such clauses can be useful to secure the agreed solution. However: If the restriction becomes excessive, it may conflict with the protection of personality rights (Art. 27 SCC).

In short: protection is useful, but not to the extent that someone is “completely tied up for life.”

Penalty clauses: Pressure against challenges, with caution

Testators sometimes want to prevent heirs from later “strategically” contesting the agreement.

For this purpose, so-called penalty clauses are used, for example:

• Anyone who challenges receives only the compulsory portion 
• A benefit lapses upon certain behavior 

These clauses are common in practice but legally sensitive if they prevent someone from exercising their legal rights. They should therefore only be included after proper legal review.

Can a contract of succession be amended or changed?

Yes – but generally not unilaterally.

The standard rule is: amendments or termination require the consent of all contractual parties.

This is exactly what makes the contract of succession so binding, and so valuable when stability is needed.

However, it also means: if conflicts arise later, the contract cannot easily be terminated.

Usufruct in a contract of succession: more protection – even beyond compulsory shares (with consent)

A contract of succession can also provide for a usufruct, for example in favor of a surviving partner or even third parties.

The key point: If compulsory heirs are affected, their consent is often required (e.g., via waiver).

Especially with real estate, this is often a crucial tool to secure housing and income without transferring ownership immediately.

Conclusion

The contract of succession is the instrument for those who do not just want to make dispositions, but want to bindingly agree.

It is particularly suitable for:

• protecting spouses 
• patchwork families 
• complex asset situations 
• solutions where forced heirs should be actively involved 

Those who want stability are often better served with an contract of succession – but must consciously accept the binding nature.