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?
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.
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?
January 1, 2023 Will the inheritance law that is (still) in force today or the new revised law that will apply from 1.1.2023 be applicable? It depends on the date of death. When a disposition upon death was drafted or when a gift was made is irrelevant. Death-day principle If the testator dies before January 1, 2023, the previous law… Read More »You are writing your will today. Which law will apply?
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?
Reasons for remarriage and cohabitation clauses Will the surviving spouse remain single, or marry and have more children? Will he or she allow himself or herself to be taken advantage of or influcenced? Consider protective clauses such as remarriage clauses and cohabitation clauses in estate planning! This is because a statutory remarriage clause is provided for in the case of… Read More »Should your saved assets ultimately benefit your descendants? Consider protective clauses.
Preference of the spouse Elderly couples would often favor the other for old-age provsion. Young couples with offspring buying a house also want to benefit the other. This is possible, among other things, by means of a marriage contract surplus allocation. How is this treated under inheritance law? Without marriage contract For the surviving spouse, what he or she receives… Read More »Marriage contract surplus allocations and their treatment Under the inheritance law.
