Quick Summary
- Legal succession follows a system of so-called lines of descent. If a couple has no children, the first line of descent (children, grandchildren) is “skipped,” and the heirs are then the persons in the second line (parents, siblings, nieces, and nephews) or in the third line (grandparents, uncles, aunts, and cousins).
- The surviving spouse is always included in the order of statutory succession. Cohabiting partners, on the other hand, must be named as beneficiaries in a will or inheritance agreement in order to be fully protected.
- With a bequest (also known as a “legacy”), testators can specifically name individuals or organizations as beneficiaries.
The Unique Situation of Childless Couples
For couples without children, the question of how to distribute their estate is often more pressing than for couples with children. While parents view their children as their natural heirs, childless couples have more flexibility —and therefore more decisions to make.
In the absence of a will, intestate succession applies in accordance with Art. 457 et seq. of the Swiss Civil Code (ZGB). Accordingly, the surviving spouse receives half of the estate if he or she must share it with the so-called “first class” of heirs. The first line consists of the decedent’s children and grandchildren. If the decedent had no direct descendants, the first line is “skipped,” and the heirs are then those in the second line (parents, siblings, nieces, and nephews). In this case, the surviving spouse receives 75% of the estate, while the remaining 25% goes to the parents, siblings, or nieces and nephews. Only if the so-called second line is skipped and the third line (grandparents, uncles, aunts, and cousins) would come into play does the surviving spouse inherit the entire estate. If the deceased leaves no legal heirs, the estate passes to the canton or municipality.
However, a specific example of a will for childless couples shows how one can deviate from this statutory order of succession.
The Joy of Making Targeted Bequests to Organizations
When planning their estates, many childless couples discover that they can use their assets to make a positive difference in specific ways. Whether it’s supporting godchildren, promoting cultural projects, or protecting animals, there are a wide variety of options available.
Example: A cohabiting couple from the canton of Zurich decides, as part of their estate planning, to name each other as heirs. They also decide to bequeath a portion of their estate to Swiss Mountain Aid. Since they regularly go hiking in the mountains, supporting this organization is particularly important to them.
Bequests as a Flexible Solution
Through bequests ( also known as “legacies”), specific amounts of money or items can be allocated to individuals or organizations without designating that beneficiary as an heir.
Consider nonprofit organizations
More and more childless couples are choosing to leave a portion of their estate to nonprofit organizations. For many, it is a comforting thought that their assets will be put to good use.
The spectrum ranges from large, well-known charities to small, local organizations. Some couples choose organizations that are connected to their life stories. Others are guided by current needs or support causes that have always been important to them.
Finding the right nonprofit organization can be a daunting task. That’s why DeinAdieu provides contact information for a wide range of vetted nonprofit organizations and makes it easy to include them in your will using the online will service.