Swiss Civil Code

¹ Where the test­at­or has ex­ceeded his or her test­a­ment­ary free­dom to the det­ri­ment of an heir and the lat­ter fails to bring an ac­tion in abate­ment des­pite be­ing in­struc­ted to do so by the bank­ruptcy ad­min­is­trat­ors or by cred­it­ors hold­ing un­paid debt cer­ti­fic­ates on suc­ces­sion, the ad­min­is­trat­ors or cred­it­ors them­selves may bring an ac­tion in abate­ment for the amount ne­ces­sary to cov­er their claims with­in the same time lim­it that ap­plies to the heir.

² The same right ap­plies in the case of a dis­in­her­it­ance not con­tested by the per­son dis­in­her­ited.