Many couples want the same thing: if one partner dies, the surviving spouse or registered partner should be financially secure. Ideally, they can keep the home, maintain their standard of living, and avoid the estate being “split up” too early.

Swiss inheritance law offers several ways to achieve this. The best option depends mainly on your family situation, especially whether you have joint children, children from earlier relationships (patchwork families), or no children at all. Since the Swiss inheritance law reform of 1 January 2023, planning has become more flexible because reserved quotas (Pflichtteile) were reduced, meaning there is often a larger freely disposable quotas (freie Quote) available.

The core principle: respect reserved quotas, use the freely disposable quotas smartly

Even with a will, the law protects certain heirs. In Switzerland, descendants and the spouse/registered partner are typically protected by reserved quotas. So, if you want to benefit your partner more strongly, you usually do it through:

• the freely disposable quota (what remains after reserved quotas),
• special legal mechanisms explicitly allowed by law (notably usufruct under Art. 473 SCC), or
• agreements with protected heirs (inheritance contract / waiver of inheritance).

Option 1: “Reduce everyone else to their reserved quota” (classic maximum protection via a last will)

Idea: You appoint your spouse/registered partner as beneficiary as far as the law allows, and you reduce the other protected heirs (usually children) down to their reserved quota. Everything beyond that goes to your partner.

This works well if you want a simple plan and your goal is real ownership for your partner (not just use). It can also be a good fit in stable family situations with low conflict potential.

The limit is clear: if you have children, you cannot completely exclude them, but you can reduce them to their reserved quota. Since 2023 those reserved quotas are smaller, so the freely disposable quota is often larger, which usually helps the surviving partner.

Practical note: Legally, this is often straightforward. Emotionally, it can be tough if children feel they are “getting less,” even when everything is legally correct.

Option 2: Usufruct over the entire estate (Art. 473 SCC), powerful, but only with joint children

Idea: The surviving spouse/registered partner receives not only a share in ownership, but also usufruct. In practice, this means: the children become owners, but the surviving partner may use the assets and collect the income (for example: stay in the home, receive interest/dividends, rent out property).

Very important: This special form of maximum protection under Art. 473 SCC is permitted only vis-à-vis joint descendants. In patchwork situations (children who are not joint children), it is not available or only very limited.

A typical simplified structure is: the surviving partner receives ½ in ownership, and the rest under usufruct (towards joint children).

This option is especially useful when the partner mainly needs everyday security (housing, steady income), while the couple still wants the assets to remain with the children in the long run. It can be particularly helpful if a family home is involved, because usufruct can reduce pressure to sell.

The downside: usufruct can be administratively more demanding (maintenance, costs, defining what counts as “income,” etc.). For children, it can feel like “blocking” because they own assets but cannot freely dispose of them.

Option 3: Inheritance contract + waiver of inheritance (full or partial) — the strongest solution, but it requires cooperation

Idea: If you want to benefit your partner more than reserved quotas allow, you need the consent of those protected heirs. That is done through an inheritance contract, often combined with a waiver of inheritance by the children (fully or partially).

The key point: it only works if the protected heirs participate and sign.

This option is a good fit if you want maximum planning certainty, meaning everyone agrees now and there are fewer surprises later. It’s also useful if you want a clear “family deal,” for example: the partner gets the house and assets now, and the children inherit later, possibly with compensation such as an advance, a gift, or a defined payout.

Where it can get difficult: in patchwork families, reaching agreement is often harder due to different expectations, loyalties, and fairness debates, especially if children are still young or communication is strained.

So which option is “best”?

There is no universally best option, but a simple rule of thumb helps:

• More ownership for the partner, as simple as possible: Option 1 (will + reduce others to reserved quotas)
• Partner needs use/security; children should keep ownership long-term: Option 2 (usufruct under Art. 473 SCC — only with joint children)
• Maximum protection + maximum legal certainty (everyone signs): Option 3 (inheritance contract / waiver of inheritance)

Final thoughts

If you want to protect your spouse or registered partner, a clear strategy is worth it—especially with real estate and patchwork families. Often it’s not about “the biggest number,” but whether the surviving partner remains truly able to act: staying in the home, having liquidity, and covering ongoing living costs.