Active, self-determined estate planning Have you made your own arrangements for your estate? Are you fully utilizing your options? Swiss law determines who will inherit and how much if you remain inactive. How much your legal heirs (blood relatives, surviving spouse) will receive (so-called inheritance quota) depends on your family circumstances. A distinction is made whether you are single or… Read More »Proportional right to an inheritance
What willl change? My best wishes for a prosperous 2023, in the best of health, with satisfaction, interesting encounters, new opportunities and with a lot of passion, in everything you do. There are also reforms in 2023: Revision of the Swiss corporate law On January 1, 2023, various amendments to Swiss company law will come into force. Existing companies must… Read More »Here’s to a prosperous, successful 2023.
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
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?
Your heart is broken. You are getting a legal divorce. Can your spouse inherit you? What will pending divorce proceedings and their consequences under inheritance and maritial property law become under the revised inheritance law? Married or legally divorced In principle, spouses and registered partners inherit each other as long as the marriage or registered partnership exists. Divorced spouses have… Read More »Pending divorce proceedings 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
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
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
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
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
