The surviving spouse is only entitled to inherit if the spouses are not in the so-called Separation Having lived together, Art. 935 of the Swiss Civil Code. Separation (separation of bed and board) is a preliminary form of divorce. It becomes legally binding through a court decision.
If the surviving spouse is entitled to inherit, they inherit equal shares alongside the deceased's descendants. However, they never receive less than one-quarter. If there are no descendants of the deceased, they inherit equal shares alongside the deceased's parents. Furthermore, they can claim the jointly owned household items. This claim is asserted like a legacy, Art. 939 § 1 of the Swiss Civil Code. For further questions, please contact your specialist lawyer for inheritance law in Düsseldorf and Krefeld, Dr. Michael Gottschalk.