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Old 20.04.2023, 09:05
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Inheritance cash for minor

If a minor inherits cash, in Switzerland and cash is transferred to parent‘s, does the parent have the legal right to spend the money?

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  #2  
Old 20.04.2023, 09:08
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Re: Inheritance cash for minor

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If a minor inherits cash, in Switzerland and cash is transferred to parent‘s, does the parent have the legal right to spend the money?

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I´d say no as it is not their cash. It belongs to the child and a parent does not automatically have a right to it.
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Old 20.04.2023, 09:23
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Re: Inheritance cash for minor

Yes, exactly. The principle is that the parent has the duty to protect the child's rights. This applies in general, and therefore also to protecting the child's rights over the money that belongs to the child, not to the parent.
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Old 20.04.2023, 10:02
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Re: Inheritance cash for minor

If it's for the child's benefit, yes.

Tom
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Old 20.04.2023, 10:04
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Re: Inheritance cash for minor

If the parent spends it on something which benefits the child then yes they can legally spend it. If they spend the money on themselves then it would wrong as the money legally belongs to the child.
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Old 20.04.2023, 10:33
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Re: Inheritance cash for minor

It is outlined here [DE] https://www.profamilia.ch/familien/f...indesvermoegen
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Old 20.04.2023, 11:11
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Re: Inheritance cash for minor

It should be transferred to a specific account in the child's name anyhow, and kept totally separate.

For the 'child's' benefit is a bit vague... if you buy a new Porsche you could argue the child will enjoy riding in it. If you buy a house, it could be argued the child will enjoy living in it and have own larger bedroom? A holiday? etc, etc. So what are the exact guidelines, I wonder.

Last edited by JackieH; 20.04.2023 at 11:27.
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Old 20.04.2023, 17:00
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Re: Inheritance cash for minor

Three rules:
- the principal amount should not be touched:
- parents can use earnings (dividends, etc.) for for the child’s maintenance, upbringing and education and, where equitable, also for the requirements of the household https://www.fedlex.admin.ch/eli/cc/2...233/en#art_319
- if gift was given as an interest-bearing investments or savings then parents are also not entitled to touch the earninges https://www.fedlex.admin.ch/eli/cc/2...233/en#art_321
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Old 22.04.2023, 15:51
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Re: Inheritance cash for minor

We were told by a notary that since we weren't married, if one of us passed, the other could use our child's inheritance for covering basic needs, such as rent.
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Old 25.05.2023, 22:16
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Re: Inheritance cash for minor

Thank you, everybody. Your answer do make sense and correspond to common sense. I wanted to be sure if there is such a law in Switzerland.
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Old 25.05.2023, 23:37
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Re: Inheritance cash for minor

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Three rules:
- the principal amount should not be touched:
- parents can use earnings (dividends, etc.) for for the child’s maintenance, upbringing and education and, where equitable, also for the requirements of the household https://www.fedlex.admin.ch/eli/cc/2...233/en#art_319
- if gift was given as an interest-bearing investments or savings then parents are also not entitled to touch the earninges https://www.fedlex.admin.ch/eli/cc/2...233/en#art_321
does that include charging the child rent and board?
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