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Old 07.02.2020, 07:37
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Inheritance laws - dual nationality

As I understand it if one is a dual national-Switzerland and Australia ( by birth ) then Swiss inheritance laws govern movable assets ( eg cash ) in Australia.

Fixed assets like property in Australia is covered by Australian inheritance laws.

Is that correct?

Last edited by omtatsat; 07.02.2020 at 08:33.
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Old 07.02.2020, 11:51
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Re: Inheritance laws - dual nationality

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As I understand it if one is a dual national-Switzerland and Australia ( by birth ) then Swiss inheritance laws govern movable assets ( eg cash ) in Australia.

Fixed assets like property in Australia is covered by Australian inheritance laws.

Is that correct?
I don't have the answer to that but within Switzerland, inheritance taxes are paid where the person lived last and died.
I should think, Switzerland would handle it the same with cases abroad.

BUT: Once you got it all, it will be taxed here (wealth tax) if you live here. Even the property abroad I think.
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Old 07.02.2020, 11:58
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Re: Inheritance laws - dual nationality

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Once you got it all, it will be taxed here (wealth tax) if you live here. Even the property abroad I think.
No, the property abroad is taxed abroad BUT it needs to be declared for the calculation.

Tom
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Old 07.02.2020, 16:55
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Re: Inheritance laws - dual nationality

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No, the property abroad is taxed abroad BUT it needs to be declared for the calculation.

Tom
So one has to state in an Australian Will that the inheritance has to be under Australian inheritancy laws.
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Old 07.02.2020, 18:12
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Re: Inheritance laws - dual nationality

I don't know the answer but in Australia Inheritance law are different from one state to the other depending on where properties are and where you leave.
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Old 07.02.2020, 20:01
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Re: Inheritance laws - dual nationality

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So one has to state in an Australian Will that the inheritance has to be under Australian inheritancy laws.
I question you can do that. I believe it will be where you lived when you died.
Specially if you are Australian and Swiss and die here while living here.
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Old 07.02.2020, 20:56
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Re: Inheritance laws - dual nationality

Here's a law firm that deals with Switzerland, Australia, Italy and Germany.
http://www.schweizer.com.au/articles/
Scroll down to "Foreign Law Services".

Disclaimer: this is not a personal recommendation and I do not know the company. Their articles, however, seemed a good place to start, to understand such matters.
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Old 07.02.2020, 21:10
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Re: Inheritance laws - dual nationality

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Here's a law firm that deals with Switzerland, Australia, Italy and Germany.
http://www.schweizer.com.au/articles/
Scroll down to "Foreign Law Services".

Disclaimer: this is not a personal recommendation and I do not know the company. Their articles, however, seemed a good place to start, to understand such matters.
I need on for Switzerland / Australia (NSW/VIC) and France 🤔😊🇫🇷🇨🇭🇦🇺
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Old 07.02.2020, 21:30
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Re: Inheritance laws - dual nationality

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I need on for Switzerland / Australia (NSW/VIC) and France
For certain beginning steps, google "Worldwide Estate and Inheritance Tax Guide" of EY. Check that you're reading the latest version.
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Old 07.02.2020, 21:38
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Re: Inheritance laws - dual nationality

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I should think, Switzerland would handle it the same with cases abroad
Perhaps, at least from the Swiss perspective, yes. The other country, however, may have laws which specify that from their perspective their jurisdiction takes precedence over the laws of Switzerland, even for their citizens living in Switzerland. Since no country can dictate another country's laws or how they will be applied internationally, this individual sovereignty could end up with contradictory and apparently unsolvable situations.

In some cases, the Double Taxation Agreements try to (and perhaps succeed in) making this less chaotic.
https://www.sif.admin.ch/sif/en/home...sabkommen.html

Here's a list of countries which have entered into a Double Taxation Agreement with Switzerland.
file:///I:/Downloads/DBA-Liste_en.pdf

Most recently, some new rules or amendments have come into force (or soon will do) to prevent abuse of these agreements. Overall it seems that one has to keep on one's toes and know the latest, current version of the agreements.
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Old 07.02.2020, 22:46
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Re: Inheritance laws - dual nationality

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So one has to state in an Australian Will that the inheritance has to be under Australian inheritancy laws.
You are mixing two things here.

1. Where tax is due, this has nothing to do with the will.
2. How everything is divided, and this is where a will comes into play.
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Old 08.02.2020, 07:32
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Re: Inheritance laws - dual nationality

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You are mixing two things here.

1. Where tax is due, this has nothing to do with the will.
2. How everything is divided, and this is where a will comes into play.
I was simply asking under which countries laws will a Last Testament be executed. As I understand it and I am not sure where I got the info but if its property involved in Australia then that comes under the inheritance laws of Australia. And if its money in Australia then Switzerland laws are appropriate for this money as far as who gets what. I am talking about a dual national. I am not referring to tax. Australia has very different inheritance laws to Switzerland.

Last edited by omtatsat; 08.02.2020 at 07:50.
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