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.
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
