Unconscionable contract (Art. 20 CO, Swiss Code of Obligations) A contract is unethical if the prevailing morals are violated. For example, there must be unfair influence. Lifetime gifts to trusted persons In the case of lifetime gifts to trusted persons such as doctors, psychologists, clergymen, nursing home directors, bankers, etc., the question of immorality may arise. Such professionals know the… Read More »No immoral donation
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
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?
From freedom of bestowing to a ban on gifts and donations Currently, you are free to make gifts, but in the future, under the revised inheritance law, there will be a fundamental ban on gifts and donations. This restricts you. Don’t become a puppet on a string: provide for clear reservation clauses (modification and gift reservations)! In an inheritance contract,… Read More »Are you allowed to give away your assets despite an existing contract of inheritance?
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?
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.
