A testator grants his housekeeper, who lives with him, the usufruct of the residential house in his will. The housekeeper reounses the usufruct. A right of use has an objective value: the property can be lived in or rented out to third parties. The usufructuary receives the rental income and bears the expenses (ordinary maintenance, mortgage interest, taxes, duties and… Read More »Waiver of the usufruct of the residential house
Do you transfer your property to your children ahead of time and retain (as the donor) a right of residence? Granting of a right of residence If the deceased was married, the surviving spouse may, even without a will, demand the allocation of the jointly occupied dwelling which does not belong to him or her to be set off against… Read More »Real estate and right of residence
Today is the United Nations’ International Day of older persons. The question may arise as to whether you are capable of making a will despite serious illness. Are you seriously ill and wish to provide for your loved ones? The testator developed cancer and died of it in December 2014. Prior to this, he registered his partnership with C in… Read More »Testator’s capacity and serious illness
Today is world patient safety day. Medication and treament errors are often preventable, as is malicious influence or legacy hunting. Bequest, last will and testament A nurse unworthy of inheriting shall not acquire anything by a testamentary disposition. A nursing professional cared for a single woman from May 1997 until her death in 2015. The so-called testatrix bequeathed a property… Read More »Malicious influence or legacy hunting
Recognition of a child posthumously by testamentary disposition Paying fathers may recognize their child posthumously by testamentary disposition. Children born out of wedlock before January 1, 1978 Children born out of wedlock before January 1, 1978, generally had no legal father, but rather an old-law paying paternity. Paying fathers acknowledged their obligation to pay maintenance to the mother and child,… Read More »Recognition of child or naming heirs by testamentary disposition?
Three steps to passing on values and assets while preserving family peace. Have you provided for your loved ones and settled your final affairs? How would you like to be remembered? Start today, regardless of your age and life situation. Leave nothing to chance and reconsider existing arrangements. First step: reflect. Who or what do you want to support? Which… Read More »Reflect, seek advice and plan your estate.
Inheritance Disputes are expensive and take a long time. Unfulfilled expectations, generational conflicts regarding lifestyle Generations often have divergent perceptions and values, especially pertaining to shaping their lives and choosing a career. Expectations are often not met. This can lead to tensions and conflicts. Address conflicts already at the estate planning stage. Hold talks in a neutral place with the… Read More »Mediation and inheritance law. Adressing conflicts
From the expanded consent provision to the expanded opposition provision. What should be done? In Switzerland, the extended consent solution currently applies. Your individual arrangements (living will, organ donation card) are not yet to be adapted at the time being. Inform your next of kin whether you are for or against organ donation in any case, in order to take… Read More »May 15, 2022 Vote on organ harvesting.
A check-up should be done for existing estate planning documents preferentially before January 1, 2023, when the first part of the revised inheritance law enters into force. Current arrangement, clear wording Last will and testament, marriage contract, contract of inheritance nDo any documents relating to inheritance law already exist? Yes? A will or inheritance contract? What is its content? Are… Read More »The time is winding down. Check-up your existing estate planning
Equal treatment, openness and transparency or abuse of power and humiliation? How would you like to be remembered? The more options, the greater the challenge and responsibility The revised inheritance law will give you more discretionary powers. This also increases the challenge of finding sensible solutions. Invest in a consultation and family peace. Extreme solutions create problems and often strife.… Read More »Peaceful transfer of assets or inheritance dispute?
