100+ Free Fachanwalt SAV Erbrecht Practice Questions
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Sample Fachanwalt SAV Erbrecht Practice Questions
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1Under the Swiss Civil Code (ZGB Art. 457), how is an intestate estate distributed among the decedent's descendants (first parentel) when the decedent leaves two living children and two grandchildren from a predeceased third child, with no surviving spouse?
2A testator dies intestate leaving a surviving spouse and three children. What is the statutory inheritance share (gesetzlicher Erbteil) of the surviving spouse under Art. 462 ZGB?
3Under the revised Swiss Succession Law (in force since 1 January 2023), what is the statutory forced share (Pflichtteil) of a decedent's child under Art. 471 ZGB?
4Following the entry into force of the Swiss succession law revision on 1 January 2023, what is the forced share (Pflichtteil) of a decedent's surviving parents if the decedent dies with no descendants and no surviving spouse?
5A decedent dies intestate leaving a surviving spouse, a mother, and a brother (the father having predeceased). How is the statutory estate divided under Art. 458 and Art. 462 ZGB?
6A decedent dies intestate leaving no descendants, no parents, no siblings, no nieces/nephews, and no surviving spouse. The maternal grandparents are both deceased leaving a maternal aunt. The paternal line has no living members up to great-grandparents. Under Art. 459 and Art. 460 ZGB, who inherits the estate?
7A testator dies in 2024 leaving a surviving spouse and two children. The net estate is valued at CHF 1,200,000. Under revised Art. 470 and Art. 471 ZGB, what is the maximum amount the testator could freely allocate by will to a non-profit charity without infringing any forced shares?
8A married testator with no children dies in 2024 leaving a surviving spouse and both parents alive. The testator's will bequeaths the entire estate to an unmarried partner (cohabitant). What fraction of the estate can the surviving spouse successfully claim via an action in abatement (Herabsetzungsklage)?
9Under revised Art. 472 ZGB (effective 1 January 2023), under which of the following circumstances does a surviving spouse lose their forced share (Pflichtteil) upon the death of the other spouse?
10A testator executed a will in 2021 appointing their spouse as sole universal heir. In 2024, the spouses jointly filed for divorce. While the divorce proceedings were pending, the testator died without updating the will. Under revised Art. 472 Abs. 2 ZGB, what is the legal presumption regarding the testamentary disposition in favor of the spouse?
About the Fachanwalt SAV Erbrecht Exam
The Fachanwalt SAV Erbrecht (Avocat spécialiste FSA droit des successions) is the prestigious post-graduate qualification conferred by the Swiss Bar Association (SAV / FSA) on practicing Swiss attorneys who have demonstrated outstanding theoretical, procedural, and strategic competence in inheritance law and private client practice. The certification covers statutory succession, the 2023 succession law reforms, testamentary planning and contracts of succession, contentious succession litigation (abatement, invalidity, partition), estate administration and executorship, hotchpot (Ausgleichung), cross-border estates under the IPRG/EuErbVO, and cantonal inheritance taxation. This study bank features 100 scenario-based questions in English designed to build rigorous exam-level problem-solving competence.
Assessment
Performance-based assessment
Time Limit
Written examination: 3 to 5 hours | Oral Fachgespräch: 30 to 60 min
Passing Score
Standard established by the SAV/FSA Fachkommission Erbrecht
Exam Fee
CHF 1,800 (Schweizerischer Anwaltsverband (SAV) / Fédération Suisse des Avocats (FSA) — Fachkommission Erbrecht)
Fachanwalt SAV Erbrecht Exam Content Outline
Statutory Succession & 2023 Succession Law Reform
Intestate succession rules and the comprehensive Swiss Succession Law Reform in force since January 1, 2023. Core topics include the parentelic system (Parentelsystem: 1st parentel descendants Art. 457 ZGB, 2nd parentel parents/siblings Art. 458 ZGB, 3rd parentel grandparents/uncles/cousins Art. 459 ZGB, cessation at great-grandparents, state escheat Art. 466 ZGB); surviving spouse statutory entitlements (Art. 462 ZGB: 1/2 with 1st parentel, 3/4 with 2nd parentel, 1/1 with 3rd parentel or no parentels); registered partners (PartG Art. 25); historical vs revised forced shares (Pflichtteile under revised Art. 470/471 ZGB: descendants' forced share reduced from 3/4 to 1/2 of statutory share, complete abolition of parents' forced share, surviving spouse forced share maintained at 1/2 of statutory share); expanded testamentary disposable portion (verfügbare Quote); forfeiture of forced share and testamentary rights during pending divorce proceedings (revised Art. 472 ZGB: joint divorce petition or 2-year separation requirement); usufruct granted to surviving spouse over descendant shares and expanded disposable portion (revised Art. 473 ZGB: 1/2 disposable quota alongside usufruct); and the interplay between matrimonial property regime liquidation (Errungenschaftsbeteiligung, Vorschlagszuweisung Art. 216/241 ZGB) and protection of non-common descendants' forced shares.
Testamentary Dispositions & Estate Planning
Substantive and formal legal requirements for unilateral testamentary dispositions and bilateral contracts of succession. Key subjects include testamentary capacity (Testierfähigkeit Art. 467 ZGB: age 18 + Urteilsfähigkeit under Art. 16 ZGB) and active/passive contractual capacity for Erbverträge (Art. 468 ZGB); formal requirements of holographic wills (eigenhändiges Testament Art. 505 ZGB: handwriting from beginning to end, date, signature; missing date remediation under Art. 520a ZGB), public wills (öffentliches Testament Art. 499–504 ZGB: official notary certification, 2 independent witnesses, simultaneous presence), and emergency wills (Nottestament Art. 506–507 ZGB: oral declaration before 2 witnesses, 14-day validity after recovery); contracts of succession (Erbverträge Art. 494/495 ZGB: Erbzuwendung, Erbverzicht / Erbauskauf, mandatory public deed form Art. 512 ZGB); revised gift restrictions under contracts of succession (revised Art. 494 Abs. 3 ZGB: prohibition of incompatible lifetime gifts without express reservation); reversionary heirship (Vor- und Nacherbschaft Art. 488–492 ZGB: security requirement Art. 490 ZGB, substitution of remainder / Nacherbschaft auf den Überrest); legacies (Vermächtnis Art. 484 ZGB), burdens and conditions (Auflagen und Bedingungen Art. 482 ZGB: unlawful/immoral conditions, animal provisions Art. 482 Abs. 4 ZGB), and testamentary trusts and foundations (Art. 493 ZGB).
Succession Litigation & Legal Actions
Procedural remedies, judicial actions, and litigation strategies in contentious Swiss succession law. Core focus areas include the action for declaration of invalidity (Ungültigkeitsklage Art. 519–521 ZGB: grounds of incapacity, defect of will/error/fraud/duress, illegality, immorality, and formal defect; relative inter partes effect; 1-year relative, 10-year absolute, 30-year bad faith limitation periods); action in abatement / reduction (Herabsetzungsklage Art. 522–533 ZGB: protection of forced shares, standing, calculation basis of the estate under Art. 474–476 ZGB, add-back of lifetime gifts under Art. 475/527 ZGB, order of abatement under revised Art. 532 ZGB: wills first pro rata, then succession contracts and inter vivos gifts in reverse chronological order; revised statute of limitations under Art. 533 ZGB: 1-year relative and 3-year absolute limitation); hereditatis petitio (Erbschaftsklage Art. 598–601 ZGB: action against unauthorized possessors, good faith vs bad faith possessor obligations); declaratory actions (Feststellungsklage); provisional measures under the Swiss Civil Procedure Code (ZPO Art. 261 ff.); and burden of proof rules (Art. 8 ZGB).
Estate Opening, Administration & Executors
Legal mechanisms governing the opening of the estate, conservatory measures, acceptance or renunciation, debt liquidation, and testamentary executorship. Core areas include estate opening (Eröffnung des Erbgangs Art. 537 ZGB: location at decedent's last domicile, transmission of rights ipso jure under Art. 560 ZGB); conservatory measures (Sicherungsmassregeln Art. 551–555 ZGB: sealing / Siegelung, estate inventory / Sicherungsinventar, call to heirs and creditors / Erbenruf, official estate administration / Erbschaftsverwaltung); renunciation of inheritance (Ausschlagung Art. 566–579 ZGB: strict 3-month statutory deadline Art. 567 ZGB, presumption of insolvency Art. 566 Abs. 2 ZGB, forfeiture of right to renounce due to interference / Einmischung Art. 571 ZGB, bankruptcy liquidation of renounced estates Art. 573 ZGB); public inventory (Öffentliches Inventar Art. 580–592 ZGB: 1-month request deadline, effects of non-registered debts Art. 590 ZGB, heir liability limits); official liquidation (Amtliche Liquidation Art. 593–597 ZGB); and the executor of the will (Willensvollstrecker Art. 517–518 ZGB: appointment, acceptance, legal powers of administration and disposition, representation, remuneration / Vergütung Art. 517 Abs. 3 ZGB, liability under mandate law Art. 398 OR, and supervisory complaints / Aufsichtsbeschwerde before cantonal supervisory authorities).
Estate Division, Hotchpot & International Succession
Statutory rules governing the community of heirs, estate partition actions, lifetime advancement hotchpot obligations, Swiss private international law, and cantonal tax law. Core subjects include the community of heirs (Erbengemeinschaft Art. 602 ZGB: joint ownership / Gesamteigentum, joint and several liability Art. 603 ZGB, strict unanimity principle, appointment of estate representative / Erbenvertreter Art. 602 Abs. 3 ZGB); division of estate (Erbteilung Art. 604–640 ZGB: partition action / Erbteilungsklage Art. 604 ZGB, physical allocation vs sale Art. 611–612 ZGB, allocation of family home/enterprise Art. 612a ZGB); hotchpot obligations (Ausgleichungspflicht Art. 626–632 ZGB: statutory presumption of hotchpot for descendants Art. 626 Abs. 2 ZGB, presumption of non-hotchpot for non-descendants Art. 626 Abs. 1 ZGB, hotchpot dispensations / Ausgleichungsdispens, valuation of advancements at death opening Art. 630 ZGB); Swiss Private International Law Act (IPRG Art. 86–96: Swiss jurisdiction at last domicile, professio juris Art. 90 Abs. 2 IPRG, estate splitting / Nachlassspaltung, recognition of foreign probate decrees, interaction with EU Succession Regulation No 650/2012); and Swiss cantonal inheritance and gift tax principles (cantonal tax sovereignty, widespread exemption for surviving spouses and direct descendants, taxation of real estate at situs vs movable assets at domicile, and intercantonal double taxation prohibition under Art. 127 Abs. 3 Federal Constitution).
How to Pass the Fachanwalt SAV Erbrecht Exam
What You Need to Know
- Passing score: Standard established by the SAV/FSA Fachkommission Erbrecht
- Assessment: Performance-based assessment
- Time limit: Written examination: 3 to 5 hours | Oral Fachgespräch: 30 to 60 min
- Exam fee: CHF 1,800
Keys to Passing
- Work through all 100 available questions
- Review every answer and explanation
- Track weak areas and revisit them
- Use our AI tutor for tough concepts
Fachanwalt SAV Erbrecht Study Tips from Top Performers
Frequently Asked Questions
What is the Fachanwalt SAV Erbrecht and what does it certify in Switzerland?
The Fachanwalt SAV Erbrecht (Avocat spécialiste FSA droit des successions) is the certified specialist attorney title conferred by the Swiss Bar Association (Schweizerischer Anwaltsverband SAV / Fédération Suisse des Avocats FSA). It certifies that an admitted Swiss attorney possesses advanced, independently verified theoretical expertise, extensive practical trial and advisory experience, and high ethical standards in Swiss inheritance law, matrimonial property law, estate planning, succession litigation, estate administration, and international private succession law.
How did the 2023 Swiss Succession Law Reform change forced shares and testamentary freedom?
Effective January 1, 2023, the Swiss Civil Code (ZGB) succession law underwent major revisions: (1) The forced share (Pflichtteil) of descendants was reduced from three-quarters (3/4) to one-half (1/2) of their statutory share; (2) The forced share of parents was completely abolished (0%); (3) The surviving spouse's forced share was maintained at one-half (1/2) of their statutory share. Consequently, testators enjoy substantially greater testamentary disposable portion (verfügbare Quote) to benefit surviving spouses, cohabitants, stepchildren, charitable foundations, or business successors.
How are lifetime gifts affected by contracts of succession under revised Art. 494 Abs. 3 ZGB?
Under the revised Art. 494 Abs. 3 ZGB (in force since January 1, 2023), any lifetime gifts or testamentary dispositions made by a party to a contract of succession (Erbvertrag) that diminish the contractual estate or are manifestly incompatible with commitments made in the contract are subject to challenge and reduction, unless the contract of succession expressly reserved the right to make such dispositions, or they constitute customary occasional gifts (Gelegenheitsgeschenke).
What is the difference between an action in abatement (Herabsetzungsklage) and an action for declaration of invalidity (Ungültigkeitsklage)?
An action for declaration of invalidity (Ungültigkeitsklage, Art. 519–521 ZGB) challenges the validity of a testamentary disposition due to defects in execution (formal defects, lack of testamentary capacity, error, fraud, duress, or illegal/immoral content) and renders the disposition void inter partes. In contrast, an action in abatement (Herabsetzungsklage, Art. 522–533 ZGB) acknowledges the formal validity of the disposition but reduces its monetary effect because it encroaches upon a statutory heir's protected forced share (Pflichtteil).
Why is this practice question bank presented in English?
English is increasingly the working language of cross-border private client practice, international wealth planning, and complex Swiss-international estate disputes. This question bank provides an authoritative English-language study adaptation while rigorously embedding Swiss-specific legal doctrine, Federal Supreme Court (BGer) rulings, exact ZGB/IPRG statutory citations, and German/French legal terminology to ensure optimal preparation for both the written specialist examination and the oral Fachgespräch.
How does Swiss Private International Law (IPRG) resolve cross-border succession disputes?
Under Art. 86 Abs. 1 IPRG, Swiss judicial and administrative authorities at the deceased's last domicile have universal jurisdiction to settle the estate, and Swiss substantive law applies (Art. 90 Abs. 1 IPRG). However, a foreign national residing in Switzerland may choose their national law to govern their estate (professio juris, Art. 90 Abs. 2 IPRG). Where real estate is located abroad, Swiss jurisdiction yields to foreign authorities exercising exclusive jurisdiction over immovable property located in their territory (Nachlassspaltung, Art. 86 Abs. 2 IPRG).