The questions and measures to be taken around estate planning or inheritance are varied and complex.
How can I best secure my life partner financially?
If you want to ensure that the estate is well prepared and runs smoothly, then you should plan your estate early. Whether you are considering an acquisition, a change of ownership, or the use of the entire estate, the right choice depends on your family circumstances and the composition of your marital property. Ask an experienced lawyer and let us advise you independently which way is the right one for you.
What support can I expect from an executor?
Especially if your financial situation is complex or discrepancies are to be expected among your heirs, it is advisable to involve an independent expert. The executor ensures that the estate is managed and divided according to his wishes after the death of the testator. He manages your estate according to the terms of your will or contract of inheritance. In the context of an execution of wills, you will be assisted by debt relief experts as independent consultants and personal contact persons. And they support you in every step of the way – from developing sustainable estate solutions to dissolving a community of heirs. This includes advice on whether the notary can or must be called in by law.
Inheritance and compulsory parts: what does that mean for my children?
The next of kin are entitled to a certain part of the estate, which must not be withdrawn from them (compulsory portion). Eligible subjects are the descendants, the parents and the surviving spouse. Other heirs are not subject to compulsory portion. Heirs whose claims to statutory dues have been infringed can enforce them through a judicial redress action. The mandatory part is always part of the statutory inheritance of the dutiful heir. It amounts for offspring three quarters of the legal inheritance part, for each parent half of the legal inheritance part and for the surviving spouse half of the legal inheritance part. The total disinheritance of a dutiful heir is only possible if the heir has committed a serious offense against the testator or a close associate, or seriously injured his family law obligations to the testator or one of his relatives.
Which inheritance taxes do I have to expect?
Do you have property that you want to pass on to your heirs? And you want to avoid that you have to hand over up to half of it in the form of a tax to the state? Since the rates for inheritance taxes differ widely in cantons, you as a testator can take sensible measures to optimize your estate for tax purposes. Whether through a move, real estate purchase, by usufruct or a staggered hereditary withdrawal: Your options are just as diverse as your needs.
How can I benefit my same-sex partner?
Swiss inheritance law is geared to the classic family situation. Lesbians, gays, bisexuals and transsexuals by definition do not match this. As a same-sex couple, you should therefore analyze your probate situation in good time and clarify your wishes and ideas in detail. As with married couples who have opted for separation of property, the assets remain separate from registered partners. This penalizes the partner who runs the household and earns little or no income, and may cause financial distress after the death of his partner. Same-sex couples should therefore take timely measures to avoid such a situation. The Partnership Act provides that in a public notarized asset agreement, they may agree that their assets will be shared in the event of separation or death of a partner in accordance with the provisions of marital participation. Everything that they have earned together since registering with the Civil Registry Office is then an achievement and belongs equally to both partners. These include savings from earned income as well as income from the assets that a partner has contributed to the partnership or has inherited or received during the registered partnership. In a testamentary disposition, they can also set the other legal heirs, such as descendants or parents, to their mandatory parts and assign the free quota to the partner.