210 ZGBCC

CH

Art. 511 Swiss Civil Code (CC)

CC; Division One: Heirs; Title Fourteen: Dispositions Mortis Causa; Section Four Formal Requirements of Dispositions Mortis Causa; A. Wills; II. Revocation and destruction; 3. Subsequent wills

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Art. 511 CC

If the testator makes a will without expressly revoking a previous will, the later will supersedes the earlier unless it is manifestly no more than a codicil thereto.

Likewise, a bequest of a specific object is revoked if the testator subsequently makes a new disposition of the same object that is incompatible with the previous disposition.

← Art. 510 CC Swiss Civil Code (CC) Art. 512 CC →

Court Decisions Applying This Provision (10)

LF200043 · zh (Art. 511 ZGB)

Validity of Later Testament Revoking Earlier One

Basis for the determination that the later testament replaces the earlier one unless it clearly represents a mere supplement.

LF170018 · zh (Art. 511 Abs. 1 ZGB)

Heir Appeal Regarding Holographic Wills and Executrix Mandate in Summary Probate Review

This article's presumption regarding the invalidation of previous testaments by later ones was central to the court's decision to uphold the lower court's provisional finding regarding the executorship.

LB160004 · zh (Art. 509 - 511 ZGB)

Half-Sibling Inheritance Dispute Over Real Estate Valuation and Equalization Payments

Cited in the context of the form requirements for revoking a will, specifically a public will.

SB130426 · zh (Art. 511 Abs. 1 ZGB)

False Accusation and Defamation Appeal Regarding Procedural Fraud and Inheritance Matters

Cited in the reasoning section (II.1.1) regarding the basis of the first instance judgment, but not explicitly cited in the final operative orders (1-7 of 'Es wird erkannt').

LB140021 · zh (Art. 511 Abs. 1 ZGB)

Pillar 3a Beneficiary Designation vs. Testamentary Disposition

Cited implicitly in the reasoning (Section 4.5) for the principle that the later testamentary disposition overrides the earlier provision in the pension agreement, which is the basis for granting the appeal.

11.2011.93 · ti (art. 511 cpv. 1 CC)

Holographic Will Validity and Revocation Dispute

The court discussed the relationship between the two testaments, citing the article governing revocation by a later testament when the later one is not an explicit complement.

11.2008.38 · ti (art. 511 cpv. 1 CC)

Testamentary Capacity and Undue Influence Dispute

Cited in the reasoning to explain why the last testament did not automatically revoke the previous one, but this is only contextual, not in the dispositive.

PZ 2004 93 · gr (Art. 511 Abs. 1 ZGB)

Mutual Will Validity vs. Later Sole Testament in Inheritance Dispute

Cited in the reasoning regarding the legal presumption that a later will supersedes a conflicting prior inheritance contract.

LB160004 · zh (Art. 509 - 511 BSK ZGB II, 5. Aufl., Art. 509 N 1 und 4)

Estate Partition and Inheritance Dispute Involving Subsequent Inheritance and Compulsory Share Claims

Cited in the reasoning regarding the form required for the revocation of a public will, although the element of will (Widerrufswillen) was found lacking.

LB160085 · zh (Art. 511 ZGB)

Will Revocation by Destruction of Revoking Instrument

Cited in the reasoning regarding the methods of revocation (or replacement) of a testament.