Glossary · Swiss and international law
Disposable portion (CC arts. 470-473)
Share of the estate that the deceased may freely allocate by will — the remainder being the forced share of protected heirs.
Reference : CC art. 470-473
Since the succession-law reform of 1 January 2023, the disposable portion is :
- 1/2 where forced heirs are the descendants;
- 3/8 where forced heirs are the descendants and the surviving spouse;
- 1/2 where the spouse is the sole forced heir.
Parents are no longer forced heirs since 2023. The deceased may therefore freely favour the spouse, a descendant, a third party or a foundation on the thus-enlarged disposable portion.
Under French law, the forced share remains stricter (1/2 for 1 child, 2/3 for 2 children, 3/4 for 3 children and more), hence succession-law choices that can radically change the allocation.