Swiss inheritance law is increasingly confronted with profound social and legal transformations that challenge its traditional foundations. This article analyzes how Swiss inheritance law is striving to adapt to these contemporary developments, particularly the diversification of family structures, the growing emphasis on individual autonomy, globalization, and the rise of alternative dispute resolution methods. The study first highlights the increasing mismatch between classical legal categories and modern realities, especially with regard to blended families and cohabiting partners. It then examines the persistent tensions between the freedom to dispose of one’s estate upon death and the protection of close relatives through the system of forced heirship, in a context where the testator’s margin of discretion is expanding. The analysis continues with an exploration of the increasingly international nature of inheritance situations and the significant challenges this poses in terms of legal coordination and predictability. Finally, the article underscores the growing role of mediation and arbitration in resolving inheritance disputes. It concludes that, despite significant developments, Swiss inheritance law still struggles to fully reflect social realities, calling for greater flexibility while preserving legal certainty and fairness.
Chapus-Rapin et al. (Tue,) studied this question.