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Old 01.05.2019, 23:43
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Wills/inheritance UK/CH

Does anyone have any ideas about what happens in the event of death in Switzerland for a UK national with assets abroad. Does the Swiss system take over everything or is it split? Would one need UK and Swiss wills? Would a UK will (located in the UK) even be valid? Could it be worth deregistering from Switzerland and returning to the UK?

I read something about "compulsory heirs" in Switzerland so you have to, or least had to, leave part of the estate to e.g. parents or spouse.


Any links or info would be appreciated.


Any idea where to source a Vorsorge set or guide to preparing a will?
Does he state take care of disposal if no funeral arrangements are made?



PS I thought about calling the thread "prepare for the end" or "Unluckier than the unluckiest expat in Switzerland".
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Old 02.05.2019, 07:49
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Re: Wills/inheritance UK/CH

Info here

https://www.ch.ch/en/death/

https://www.ch.ch/en/inheritance/

I believe you can designate whether your will is executed under UK or Swiss law, but not 100% sure on that.
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Old 02.05.2019, 09:10
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Re: Wills/inheritance UK/CH

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I believe you can designate whether your will is executed under UK or Swiss law, but not 100% sure on that.
In Baselland it certainly is.

Swiss tax laws are applied.
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Old 02.05.2019, 10:35
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Re: Wills/inheritance UK/CH

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In Baselland it certainly is.

Swiss tax laws are applied.
A UK IHT liability will exist in many cases where world wide assets exceed 325,000
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Old 02.05.2019, 09:24
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Re: Wills/inheritance UK/CH

AFAIK by default Swiss law will be applied to all deaths of Swiss residents. However this can be overriden by testament (or an "Erbvertrag" if that exists in the foreign country) in the cases where the testator has a choice.

AFAIK whether you have a choice is ruled by the following:
- you can't chose if you're Swiss and Swiss resident (not even for multinationals)
- you can chose if you're Swiss and abroad. However that also depends on the foreign law, if the foreign law says that foreign law rules unconditionally then Switzerland will accept that
- you can chose if you're a non-Swiss resident in Switzerland, provided your country's law or international agreement gives you that option

For instance, if a German with residency in Switzerland dies, Swiss law applies (which in turn gives the testator the right to chose). However if an Italian citizen resident in Switzerland dies, Italian law applies due to some bilateral treaty from 1868 (not a typo).
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Old 02.05.2019, 09:45
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Re: Wills/inheritance UK/CH

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if an Italian citizen resident in Switzerland dies, Italian law applies due to some bilateral treaty from 1868 (not a typo).
Which makes no difference, as Italian inheritance law is the same as Swiss inheritance law (BTDT).

Tom
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Old 02.05.2019, 10:43
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Re: Wills/inheritance UK/CH

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Which makes no difference, as Italian inheritance law is the same as Swiss inheritance law (BTDT).

Tom
I'm pretty sure they differ. For instance, the effect of the number of children when one spouse dies.
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Old 02.05.2019, 11:18
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Re: Wills/inheritance UK/CH

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I'm pretty sure they differ. For instance, the effect of the number of children when one spouse dies.
Italy has the same forced inheritance rules as here.

Tom
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Old 19.08.2021, 10:02
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If there is no will, then the laws of Switzerland will apply.

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Just to add some personal experience to the debate the further complication is the age of the children if there are heirs involved. When the child heir is below the age of 18 this complicates matters and you will not avoid the involvement of the Kindes und Erwachsenenschutzbehoerde (KESB). They will intervene on behalf of any minor to ensure that the minor is adequately represented.
My strong recommendation would be to verify any non-Swiss testament is executable under Swiss law. Meaning take advise from a Swiss family lawyer with expertise in the field. The lawyer will guide whether your testament will or will not succeed in taking precedence over Swiss law. If you intend the order of inheritance to be spouse followed by dependants, it is also advised to have the dependants sign a waiver at the event of or just after their 18th birthday. This is also possible if you are Swiss, and living in Switzerland. Often we do not think of the details until after the event when it is too late!
If the children have a guardian, then there will be no such problems.

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Just to add some personal experience to the debate the further complication is the age of the children if there are heirs involved. When the child heir is below the age of 18 this complicates matters and you will not avoid the involvement of the Kindes und Erwachsenenschutzbehoerde (KESB). They will intervene on behalf of any minor to ensure that the minor is adequately represented.
My strong recommendation would be to verify any non-Swiss testament is executable under Swiss law. Meaning take advise from a Swiss family lawyer with expertise in the field. The lawyer will guide whether your testament will or will not succeed in taking precedence over Swiss law here. If you intend the order of inheritance to be spouse followed by dependants, it is also advised to have the dependants sign a waiver at the event of or just after their 18th birthday. This is also possible if you are Swiss, and living in Switzerland. Often we do not think of the details until after the event when it is too late!
If the children have a guardian, then there will be no such problems.

Last edited by fatmanfilms; 20.08.2021 at 08:13. Reason: 3 consecutive posts merged
 




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