Heirs in cohabitation
Around 100 years ago, almost all single people stood in front of the altar at least once in their lives to say “I do”. Today, this figure is still around half in Switzerland. Nevertheless, many couples who live in a cohabitation want to be each other’s heirs. What needs to be considered.
Who inherits before divorce?
If you are not yet divorced, but merely separated, the spouse remains the legal heir. This is because the statutory right of inheritance only ends with the divorce.
How is pillar 3a treated under inheritance law?
For a long time, it was disputed whether pillar 3a pension assets held with a bank foundation were included in the estate. However, it was clear that pension assets held with pillar 3a insurance institutions were not included in the estate.
Signature requirement for handwritten wills
In accordance with Art. 505 para. 1 ZGB, the handwritten testamentary disposition must also be signed by hand in order to be valid. If the signature is missing, the will is invalid.
The testator’s will as a prerequisite for drawing up a will
In principle, the testamentary disposition must be made in the testator’s own hand. This is so that the testator’s will to dispose of his or her assets upon death can be expressed. However, as a rule, the testator’s will must be independently verified irrespective of whether the formal requirements are met (Federal Supreme Court 5A_405/2022 of 3 April 2023).
“What happens if I leave two different wills? Which one will ultimately apply after my death?”
If no will is left, intestate succession in accordance with Art. 457 ff. Swiss Civil Code come into play. If one wishes to apply the so-called voluntary succession and also appoint other survivors as heirs who are not provided for as such by law, this must be done by means of a testamentary disposition.
What happens if no will was made before passing away?
If a person passes away suddenly and unexpectedly, or has not made a will before his or her death for other reasons, sooner or later the question arises as to how the inheritance is to be divided and also who is to be considered as the heir. But what happens if no will was made before passing away?
Should I reject the inheritance or not?
The fear of inheriting debts is often a reason when it comes to rejecting an inheritance. The heirs also have little time to decide: According to Article 567 paragraph 1 of the Swiss Civil Code, the rejection must be declared within three months.
Lower compulsory portions in the Swiss inheritance law
Modernisation of the almost century-old inheritance law of Switzerland: In future, testators will be able to freely dispose of a larger part of the estate. This was approved in the 2020 winter session of the Swiss parliament. What does it mean?