Family Law: Can I disinherit my father’s second wife? 

Do you disagree with your father’s inheritance? You don’t want his second wife to receive a share? We’ll explain if it’s possible.

Disinheriting someone in Switzerland is very difficult. The heir must have committed a serious criminal offence against the deceased or one of his relatives. 

A misunderstanding is therefore not a valid reason to disinherit an heir. 

As a dissenter, it will be almost impossible to withdraw the inheritance from your father’s spouse.

Upon the death of a married individual with children, the law provides for the following measure: half of the estate will go to his spouse or registered partner, and the other half will be divided equally among the children. This remains in effect if the spouse is the result of a second marriage. Read this article for more information on inheritance.

In addition, the children, parents and spouse of the deceased have “hereditary reserves”. They represent the minimum share of the inheritance they will have to obtain. A will cannot revoke these reserves.

Reservists receive at least :

  • ½ of their share for the spouse;
  • ¾ of their share for each descendant;
  • ½ of their share for the father or mother.

 

It is therefore impossible to withdraw the inheritance of an individual’s second wife. 

In some cases, however, the married couple chooses to make a renunciation pact, where they renounce their share as spouses in order to benefit their descendants from the first marriage. 

Do you wish to disinherit an unworthy heir or do you want to assert your rights? Lawrence answers your questions and assists you in your legal steps!

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