Swiss Civil Code

¹ Ir­re­spect­ive of any in­struc­tion with re­gard to the dis­pos­able part, the test­at­or may by test­a­ment­ary dis­pos­i­tion grant the sur­viv­ing spouse or the sur­viv­ing re­gistered part­ner a usu­fruct over the en­tire part of the es­tate passing to their com­mon is­sue.

² This usu­fruct shall re­place the stat­utory suc­ces­sion right due to the spouse or the re­gistered part­ner where the com­mon is­sue are co-heirs with the spouse. In ad­di­tion to this usu­fruct, the dis­pos­able part is one-half of the es­tate.

³ If sur­viv­ing spouse re­mar­ries or if he or she enters in­to a re­gistered part­ner­ship, the usu­fruct ceases to ap­ply to that part of the es­tate which, on suc­ces­sion, could not have been en­cumbered by a usu­fruct un­der the pro­vi­sions or­din­ar­ily gov­ern­ing the stat­utory en­ti­tle­ments of the de­ceased’s is­sue. This pro­vi­sion ap­plies mu­tatis mutandis if the sur­viv­ing re­gistered part­ner enters in­to a new re­gistered part­ner­ship or mar­ries.