Pflichtteil · statutory entitlement

Pflichtteil is réserve in Swiss French. Since 1 January 2023, the statutory entitlement has been smaller: descendants are entitled to only half of their statutory succession rights, and parents no longer have one. Forced heirship, the usual comparative-law expression, describes the concept but is not the term used by Fedlex.

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The term in four languages

German
Pflichtteil
French
réserve
Italian
porzione legittima
English
statutory entitlement

Definition

The statutory entitlement is the share of the estate of which certain heirs cannot be deprived by a will or a contract of succession, except by disinheritance. The revised law of succession came into force on 1 January 2023. Since then, the statutory entitlement of descendants, like that of a surviving spouse or registered partner, has been one half of their statutory succession rights. Parents no longer have one. The rest forms the disposable part, which the testator may dispose of freely.

Law of successionArts 470 and 471 CC

Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.

Full glossary

The term in an official text

Source: Fedlex, Swiss Civil Code. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.

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