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Benefits from tied (private) pension (pillar 3a) and revised inheritance law

How are benefits from tied (private) pension (pillar 3a) treated under Swiss inheritance law in the event of death? Statutory share, action in abatement Insurance law solutions can be used to try to circumvent the right to a compulsory portion. Violations of the compulsory portion are subject to reduction. An action in abatement can be brought. In the case of… Read More »Benefits from tied (private) pension (pillar 3a) and revised inheritance law

Usufruct according to Art. 473 CC and revised inheritance law

Should the surviving spouse continue to live in the house and be unable to sell it? What does the revised inheritance law provide for the usufruct (according to Article 473 Swiss Civil Code)? Motive Usufruct in favor of the spouse against joint children is like a tied up purse. The children as owners receive so-called naked property, of which they… Read More »Usufruct according to Art. 473 CC and revised inheritance law

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?

Melting fortunes in old age

…especially in the case of dependency on long-term care and admission into a nursing home.

Can you avoid this with gifts or advancement of inheritances? What, if anything, should be done?

And how secure are your assets after your death? Starting in 2021, heirs must repay supplementary benefits that were paid out after January 1, 2021 provided the estate amounts to more than CHF 40,000.

Read More »Melting fortunes in old age

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