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Old 11.07.2017, 18:44
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Legal - Property Inheritance

Hello!

My parents own a chalet in Valais (I need to check if it's co-ownership or joint), and my Mum unfortunately passed away last year. There's a will & probate which has been sealed in Hong Kong (in English), but nothing in Switzerland.

At some point we'll have to notify the Swiss authorities and get the deed changed. This will presumably require notarisation of various documents.

Obviously my first contact point should be a lawyer, and i've Googled a few (whom I will email), but I really know nothing of how this would be handled in Switzerland, nor have a lawyer i've used before. Of course, I wouldn't want to be 'taken for a ride' either - and based on my experience of lawyers in the U.K., they aren't always consistent.

If anyone has experience in this area before, a little overall insight of what to expect would be gratefully received!

Thanks,

Terence
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Old 11.07.2017, 18:47
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Re: Legal - Property Inheritance

You will need notarized and apostillad copies of the death certificate and inheritance certificate, as well as the passports/ids of all the inheritors.

Tom
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Old 11.07.2017, 18:54
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Re: Legal - Property Inheritance

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Hello!

My parents own a chalet in Valais (I need to check if it's co-ownership or joint), and my Mum unfortunately passed away last year. There's a will & probate which has been sealed in Hong Kong (in English), but nothing in Switzerland.

At some point we'll have to notify the Swiss authorities and get the deed changed. This will presumably require notarisation of various documents.

Obviously my first contact point should be a lawyer, and i've Googled a few (whom I will email), but I really know nothing of how this would be handled in Switzerland, nor have a lawyer i've used before. Of course, I wouldn't want to be 'taken for a ride' either - and based on my experience of lawyers in the U.K., they aren't always consistent.

If anyone has experience in this area before, a little overall insight of what to expect would be gratefully received!

Thanks,

Terence
Swiss real estate has to pass as per inheritance law, it does not go only to the Spouse, the children get a share as well. The Children can renounce their share if they choose.
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Old 11.07.2017, 19:06
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Re: Legal - Property Inheritance

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Swiss real estate has to pass as per inheritance law, it does not go only to the Spouse, the children get a share as well. The Children can renounce their share if they choose.
In which case I would presume that if the inheritance certificate is not in line with Swiss laws, another will need be made for the Swiss property.

We are dealing with something similar, but in Italy, and as Italian inheritance laws are the same as Swiss, they accept the Swiss decision, though they had to do another year or more of paperwork, and two weeks before all was done, my wife's sister died, and back to square one.

Tom
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Old 11.07.2017, 19:11
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Re: Legal - Property Inheritance

PM sent with the info for a Swiss lawyer-notary/friend in Lugano who speaks fluent English as well as the main three Swiss languages.

Tom
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Old 11.07.2017, 19:35
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Re: Legal - Property Inheritance

https://www.ch.ch/en/inheritance/
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Old 11.07.2017, 19:36
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Re: Legal - Property Inheritance

From experience this is what I know.
A foreign Will is legal tender in Switzerland. It is the canton's tax office who will ultimately also deal with the property and examine what taxes are due if any (it is treated case-by-case but in Vaud a property bequeathed to a spouse has no tax imposed. If there are children involved, 50% is bequeathed to the spouse and the remaining 50% is split between the number of children equally. These shares between children are also tax free as long as each share does not exceed Sfr.250’000.00.-) You have a 30 day deadline from the date you report the death to the tax office to produce the following documents:
  • Death certificate
  • Certificate of Inheritance if one exists in your country (naming those with a right to inheritance)
  • The latest tax return from where the deceased was registered/domiciled
  • Marriage certificate
  • Inventory of assets worldwide showing elements of fortune
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Old 11.07.2017, 20:19
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Re: Legal - Property Inheritance

Do you still have your father? Do you know what the will says?
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Old 11.07.2017, 20:30
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Re: Legal - Property Inheritance

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Do you know what the will says?
Fairly irrelevant for Swiss real estate as you don't have a great choice & it's stipulated in Law how at least 3/4 must be disposed of. Foreigners dont's have any say in Swiss real estate.
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Old 11.07.2017, 21:26
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Re: Legal - Property Inheritance

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Fairly irrelevant for Swiss real estate as you don't have a great choice & it's stipulated in Law how at least 3/4 must be disposed of. Foreigners dont's have any say in Swiss real estate.
Would that be the case if the will stipulates that Hong Kong inheritance laws should apply?
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Old 11.07.2017, 21:44
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Re: Legal - Property Inheritance

From Fiduciaire cg Montreux:

SUISSE
:
Un des principes fondamentaux en matière de droit international privé suisse de succession est l’unité des successions (art. 86 et suivants de la LDIP).
Le droit normalement applicable à toute succession
est la loi de la dernière résidence habituelle du défunt
(art.90 LDIP).

One of the fondamental principles in private international inheritance Law is the inheritance unity (art 86 and on of the LDIP).
The Law normally applicable for any inheritance is the Law of the last residence of the deceased (art 90 of LDIP).

So it depends actually on the Law of the deceased own country- rather than Swiss Law.
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Old 11.07.2017, 22:11
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Re: Legal - Property Inheritance

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Fairly irrelevant for Swiss real estate as you don't have a great choice & it's stipulated in Law how at least 3/4 must be disposed of. Foreigners dont's have any say in Swiss real estate.
Not must. Should. As long as not one of those which have a right to the inheritance object anything is possible.
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Old 12.07.2017, 10:13
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Re: Legal - Property Inheritance

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Would that be the case if the will stipulates that Hong Kong inheritance laws should apply?
Hong Kong law has no jurisdiction over Swiss real estate.
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From Fiduciaire cg Montreux:

SUISSE
:
Un des principes fondamentaux en matière de droit international privé suisse de succession est l’unité des successions (art. 86 et suivants de la LDIP).
Le droit normalement applicable à toute succession
est la loi de la dernière résidence habituelle du défunt
(art.90 LDIP).

One of the fondamental principles in private international inheritance Law is the inheritance unity (art 86 and on of the LDIP).
The Law normally applicable for any inheritance is the Law of the last residence of the deceased (art 90 of LDIP).

So it depends actually on the Law of the deceased own country- rather than Swiss Law.
Does not apply for Swiss real estate, for financial assets held in CH it does apply. The OP was specifically asking about Swiss real estate.
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Old 12.07.2017, 10:56
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Re: Legal - Property Inheritance

Fully aware thanks. None of the articles I found re inheritance gave property in CH as an exception. Would you therefore kindly provide an official link to that effect, thanks.
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Old 12.07.2017, 11:16
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Re: Legal - Property Inheritance

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Fully aware thanks. None of the articles I found re inheritance gave property in CH as an exception. Would you therefore kindly provide an official link to that effect, thanks.
You should invest in professional legal advise on the matter. The link you provided used the word 'normally', which clearly indicates there are exceptions.

I would offer you a bet on this, however as I don't believe you paid the last one I won't bother.
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Old 12.07.2017, 11:32
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Re: Legal - Property Inheritance

This only goes to show how important it is to set up your Will properly, and with professional assitance, while you still have the time.
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Old 12.07.2017, 13:07
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Re: Legal - Property Inheritance

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You should invest in professional legal advise on the matter. The link you provided used the word 'normally', which clearly indicates there are exceptions.
You can still bet with me.

In case of a non-Swiss person, with last residence outside of Switzerland the foreign inheritance law will be applied.
In case of a Swiss real estate it will be handled by a Swiss court. Which means Swiss court procedures but foreign inheritance law will apply.
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Old 12.07.2017, 15:46
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Re: Legal - Property Inheritance

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You should invest in professional legal advise on the matter. The link you provided used the word 'normally', which clearly indicates there are exceptions.

I would offer you a bet on this, however as I don't believe you paid the last one I won't bother.
The film's Première is soon - Latifa le combat- worth every penny paid, including the extra. You are welcome and are of course free to believe what you will - and keep carrying that massive 'frite sur l'épaule' to your heart's content. In the meantime, this amazing woman is doing fabulous work in France's Cités- hope you get to see the film:

https://youtu.be/He9t4OhiIts

The 'normally' related to those countries who will defer to the inheritance law of the country where the property is owned. The ball is in your court- please provide a valid link, thanks. Simple.
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Old 12.07.2017, 15:58
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Re: Legal - Property Inheritance

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The film's Première is soon - Latifa le combat- worth every penny paid, including the extra. You are welcome and are of course free to believe what you will - and keep carrying that massive 'frite sur l'épaule' to your heart's content. In the meantime, this amazing woman is doing fabulous work in France's Cités- hope you get to see the film:

https://youtu.be/He9t4OhiIts

The 'normally' related to those countries who will defer to the inheritance law of the country where the property is owned. The ball is in your court- please provide a valid link, thanks. Simple.
The film was not an option to pay the bet at the time, you made it up after the event. Just to remind you the chain of events
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Eddie Izzard has done so well, my 100 CHF will go to his chosen charity if and when.
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Made it clear, no more betting.

I rustled with my conscience for quite some time, and decided not to support the charity mentionned as I truly do not approve of private education academies sprouting all over the UK. Money was paid to the other charity I mentionned therefore, the Imad foundation in France.
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Well for once you are right- I haven't paid. Just in case you haven't noticed (and thanks for the good wishes btw)- I've been otherwise engaged fighting another, very painful battle. I have not paid because OH refuses to pay by IBAN in case of security issues, and the only other option is by cheque, which is not possible from CH, as you well know.

My French friend was on holiday last 2 weeks- and I shall pay her cash in exchange for a cheque for 100 + 50 (out of goodwill due to mis-understanding about which part of the post my 'yes' replied to). That will go on Thursday.

Call me a liar, with your tweedle dum friend from Glasgow- I truly don't care.
Last time I bought a Lottery ticket must have been over 30 years ago- and I never bet, on principle. In this case you pushed me into it and I was stupid enough to let you- but I shall be proud to contribute to Latifa's fabulous word- so thank you. Despicable.
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I didn't think I had to give you dates and explain why, although it was agreed to be paid in principle, due to my friends holiday the cheque will actually go on Thursday as she had to cancel last Thursday's lessons at last minute.
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But I paid up all the same and quite a bit more... but FMF will never, ever see a receipt and can't trace the payment as it was done by a French friend who owed me money. Ironically it was 50 % for a film and 50% to the Imad association. I would have paid the money in any case, such a great cause.
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Old 12.07.2017, 16:05
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Re: Legal - Property Inheritance

Oh dear- how sad The Imad fundation funded her Latifa's work - I paid extra for the film.

No more comments from me- too tragic.

Hey, just give us that link please, back to OP. Ta.
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