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Statutory share, reduction, action in abatement and revised inheritance law

If the testator gives too much to someone, the heir entitled to a compulsory share may request a reduction. It is like shortening pants. You take away as much as you can until it fits, or you reduce it to the permissible level. Sequence of reduction The revised law of inheritance expressed itself on the order of reduction: first acquisitions… Read More »Statutory share, reduction, action in abatement and revised inheritance law

Revised inheritance law, reduced compulsory portion, more options

Who should inherit your assets? Your estate is like a cake whose pieces you can distribute. Choose appropriate working today to preserve family peace. Legal succession when you die intestate Legal succession applies if you remain inactive or die without a will or inheritance contract (so-called testamentary disposition upon death). Statutory inheritance shares will remain unchanged. The only changes will… Read More »Revised inheritance law, reduced compulsory portion, more options

Revised inheritance law (part 1), reasons and a brief overview

Are you aware of the most important changes that will enter into force as of January 1, 2023? Take advantage of your options in planning today and review your existing estate documents! Reasons Like a compass showing the direction, the law has to cover realities and be adjusted to the trends. Since 1912, circumstances have changed. People live longer, divorces… Read More »Revised inheritance law (part 1), reasons and a brief overview

“All property and possessions shall pass in equal shares to my sister Mrs. B and her husband Mr. D. Mrs. E shall inherit nothing.”

How is the will to be interpreted without a substitute disposition if Mr. D does not live to see the inheritance or is predeceased? Mrs. C was not married, had no children, and had two sisters, B and E. On June 11, 1978, Mrs. C drew up a handwritten testamentary disposition according to which, upon her death, all her possessions… Read More »“All property and possessions shall pass in equal shares to my sister Mrs. B and her husband Mr. D. Mrs. E shall inherit nothing.”

Is the gift of a valuable ruby to a granddaughter subject to compensation or not?

Obligation to return or intended preferential treatment when donating family jewels It is disputed whether the gift of a ruby worth USD 500,000 from the testator to her granddaughter during her lifetime constitutes a preferential treatment or whether the ruby must be returned to the estate. The aunt of the granddaughter demands that during the action for the division of… Read More »Is the gift of a valuable ruby to a granddaughter subject to compensation or not?

Are any auction proceeds to be shared with the other co-heirs in a certain ratio and therefore returned to the estate?

An heiress believes that she is the sole heiress (so-called bogus heir), although she is a co-heiress, and disposes of inheritance property: she arranges for inheritance property to be auctioned off publicly. Are the auction proceeds to be shared with the other co-heirs in a certain ratio and therefore returned to the estate? Read More »Are any auction proceeds to be shared with the other co-heirs in a certain ratio and therefore returned to the estate?

Family support calculation, CHILDREN FIRST, PRIORITY ORDER

The Federal Supreme Court has issued several leading decisions on family support and has repealed or softened rules of thumb. What is the new legal situation?

Part 5

Family support calculation, CHILDREN FIRST, PRIORITY ORDER

How is the support calculated, how is the need determined? Who pays for it?

What is the priority order if everyone’s needs cannot be met? To whom or what should the red-pencil be applied?Read More »Family support calculation, CHILDREN FIRST, PRIORITY ORDER

CHILDCARE, SCHOOL LEVEL RULE

The Federal Supreme Court has issued several leading decisions on family support and has repealed or softened rules of thumb. What is the new legal situation?

Part 4

Childcare limits reasonable earnings. Who takes care of the children? How old are the kids?

On a graduated basis, at what age does the primary caretaker spouse have to work?

Abandonment of the 10/16 rule. Decision according to the school level rule.Read More »CHILDCARE, SCHOOL LEVEL RULE

Life-influencing marriage

The Federal Supreme Court has issued several leading decisions on family support and has repealed or softened rules of thumb. What is the new legal situation?

Part 3

Alimony after a life-influencing marriage. What is a life-influencing marriage?

Abandonment of presumption after ten years of marriage or mutual children.

Did the marriage have a decisive influence on your situation? Is there a likelihood of reunification? Can you engage in the work process?

Read More »Life-influencing marriage

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