S9 Ep55: Loosening inheritance law

In most of the world you do not get to choose who inherits your money. Across continental Europe, Latin America, and countries governed by Islamic law, a minimum share of your estate will be reserved for your children, your spouse, and in some places your surviving parents. Write a will that ignores them and the law overrules you.

If you want a head start in life, choose your parents carefully.

Switzerland changed the rules in January 2023. The compulsory share for children fell by one third and the share reserved for surviving parents disappeared altogether. In this week's VoxTalk, Marius Brülhart (University of Lausanne, CEPR) tells Tim Phillips how he had been following the reform with no way of observing its effects, until a website that helps Swiss people write their wills online offered him its anonymous data. People who were handed more freedom gave less to their children and their parents, and more to spouses and partners. About one third of every liberated franc went to recipients outside the family altogether. Liberalising the law spreads wealth without taxing anyone: politically, though maybe not democratically, attractive.

The research behind this episode:

Brulhart, Marius, and Laia Soler. 2026. "Unfree Wills: Inheritance Rules, Bequest Motives, and Wealth Diffusion." CEPR Discussion Paper 21811. The CEPR version is gated.

To cite this episode:

Phillips, Tim, and Marius Brulhart. 2026. "Loosening inheritance law." VoxTalks Economics (podcast).

About the guest

Marius Brulhart is Professor of Economics at HEC Lausanne, University of Lausanne, and a Research Fellow of the Centre for Economic Policy Research. His research spans public finance, regional and urban economics, and international trade, with a long-running interest in how Swiss taxpayers and testators respond to the rules they are given. He has advised the World Bank, the OECD, the European Commission, and the Swiss government.

Research cited in this episode

Protected heirs. Swiss law, like that of most civil-law countries, reserves compulsory minimum shares of an estate for close family. Before 2023 those categories were children and other direct descendants, spouses, and surviving parents. An unmarried testator with children could freely allocate only 25% of their estate; the rest belonged to the children by law.

The 2023 reform. Parliament passed the change in December 2020 and it came into force on 1 January 2023. Minimum shares for direct descendants were cut by one third, those for surviving parents were abolished, and the share reserved for a surviving spouse was left alone. Averaged across family types in the data, the freely attributable portion of an estate rose by 19 percentage points, from 39% to 58%.

DeinAdieu.ch. The Swiss online service that generated the data, funded by charities seeking legacies. Users answer questions about their family situation, the tool limits their choices to what the law allows, and they set the shares with a set of sliders. The sample covers 16,887 completed forms submitted between January 2020 and March 2024, which straddles the reform.

Bunching. Before the reform, a large share of testators gave their protected heirs exactly the legal minimum and not a franc more; 52% of testators with children and 72% of those with living parents had been giving more than they wanted to. When the minimum fell, so did their allocations.

Reference dependence. The whole distribution moved, not just the people who had been pinned to the legal floor. Testators who had voluntarily given their children more than the law required also gave less after the reform, which suggests the legal minimum works as a mental benchmark for generosity even when it is not binding.

Marginal diffusion propensity. Brulhart and Soler's term for the share of each newly discretionary franc that goes to nonrelatives and charities. Their central estimate is 0.33. Applied to the whole population it implies that the reform moved more wealth outside family dynasties than Switzerland's inheritance taxes do, though Swiss inheritance tax is unusually light, with children inheriting tax free in most cantons.

More VoxTalks Economics episodes

Wealth Taxes. Marius Brulhart's earlier conversation with Tim Phillips, on what Switzerland's cantons reveal about how people respond when wealth rather than income is taxed.

Political inequality. Julia Cagé on what concentrated wealth does to democratic politics, which is the other half of the question Brulhart raises about who decides where wealth goes.

Related reading on VoxEU.org

Wealth taxation: The Swiss experience, by Marius Brulhart, Jonathan Gruber, Matthias Krapf, and Kurt Schmidheiny, on how Swiss wealth holders respond to the rate they pay.

How inheritances influence wealth inequality, by Mikael Elinder, Oscar Erixson, and Daniel Waldenstrom, using Swedish register data covering every heir of every decedent over several years.

The intergenerational transmission of wealth in rich countries, by Salvatore Morelli and co-authors, on how large transfers push up wealth inequality across seven countries.