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digitalCounsels has a broad-based network of trained specialists with knowledge and experience in inheritance law

digitalCounsels helps you to engage an experienced lawyer in inheritance law who advises you competently and comprehensively on matters concerning estate planning, estate distribution, the involvement of an executor, inheritance tax and other inheritance issues.

An inheritance as well as the preceding estate planning is complex and has far-reaching consequences which are often difficult to predict. In order to plan your estate according to your wishes and ideas and make the most of your opportunities, you should talk to an expert. He can help you to achieve the desired distribution of the inheritance, to avoid dispute among the heirs and to optimize tax.

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Why engage a specialized lawyer?

The tasks associated with the division of the estate usually affect the heirs unprepared, and they can quickly become complicated, time-consuming and unnerving. All of the sudden, the bereaved are confronted with countless questions. A will has to be interpreted correctly, and the will of the deceased deserves the same respect as the law. It may raise questions regarding disestablishment of the compulsory portion, inheritance debts and a rejection of inheritance, property law disputes, legacy, inheritance tax and real estate. The heirs are not always able to agree on what’s fair and who should be entitled to how much. In order to keep the family peace, it is usually worthwhile to seek expert advice in time.

digitalCounsels gives you access to a network of lawyers specialized in inheritance law. Through the digitalCounsels platform, you will quickly find the right lawyer to assist you in all matters relating to inheritance law and to assist you as an executor if required.

How do I select the right lawyer?

How to find the best lawyer for your request:

Finding a good lawyer for inheritance law is not easy. You are probably looking for someone who is trustworthy, knowledgeable, friendly and reasonably priced. The following questions will help you to find the right lawyer:

  • Ask about the professional experience

One of the challenges when looking for a lawyer is filtering out unsuitable lawyers who may not have the experience and expertise to efficiently solve complex issues in a specific legal field.

The lawyer network at digitalCounsels consists of proven experts. We also ensure that the right lawyers are invited for placing an offer.

Another way to find the right lawyer is to ask for previous employers. The largest law firms attract the best law students. If you see a big name in the CV, that’s probably a sign that this candidate is a good option, but not a guarantee of good performance at a favourable price.

  • Specialist Lawyer for Inheritance SAV

The Swiss Bar Association guarantees with the title “Specialist Lawyer SAV / Specialist SAV” a sound and specialized training. After receiving the title, specialized lawyers also have a continuing education obligation, which is subject to regular review.

The clients benefit greatly from the increased competence in complex legal issues, because thanks to his special knowledge, the specialist lawyer is often able to implement client requirements faster and more effectively.

  • Read testimonials

Lawyers are business people. They will not reject a mandate if it can be carried out. However, that does not mean that they are qualified to advise your company for example. Testimonials can give you insight into past orders and customer satisfaction. In this way you can find out in which fields the lawyer has already worked successfully. If the lawyer does not have the expertise you expect, better continue searching.

  • Price options

For the legal support of a lawyer different pricing options may be suitable, such as hourly rates with or without cost ceiling, fixed rates, or open account. Long contracts or complex issues that are more time consuming  cost more. Remember that a high price does not always mean that you get better performance. However, do not be afraid to opt for a high-budgeted mandate.

How much does it cost?

Our service is free for you and any request at digitalCounsels is also non-binding. This means that you will not incur any costs until you have accepted an offer from a lawyer. You will always have full cost control after the assignment and you will see all activities of your lawyer on an ongoing basis.

The lawyer fees vary depending on the scope and complexity of the mandate, the attorney fees and the desired processing time. Some lawyers can offer their advice at CHF 220.- per hour.

We are aware that your situation is unique. That is why digitalCounsels provides tailored offers from selected lawyers. Choose the offer that best suits you and your budget.

FAQ

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.

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