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  #21  
Old 21.11.2015, 16:18
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Re: Last will and testament_Zurich region

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Presumably you mean if they still have assets and/or property in the UK. I can't see how the British taxman would have any knowledge or access to the assets in Switzerland - or even that they had died!
All UK taxation is self assessment.

Nothing to do with having assets in the UK. Fines can be double the evaded tax plus interest so more than 100% of the estate in many cases.

Lots of people will be in receipt of a UK old age pension...... they will know when you die.

UK IHT is on world wide assets for those born with or whom acquire UK domicile. It's virtually impossible to loose a UK domicile of origin, especially if you ever return on holiday, retain a house or a bank account. HMRC have been partially over zealous on this.

Since Schengen, the UK has scanned all passports when you enter, they know for a fact that you have been present, in the past you just waived a UK passport & could be fairly invisible, not anymore.
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  #22  
Old 21.11.2015, 16:50
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Re: Last will and testament_Zurich region

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I'm assuming I would need to draft my will in German for them to notarise it - any idea? Thanks
No, notarising here only validates the signature, not the text, so you can use any language you wish.

Tom
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  #23  
Old 21.11.2015, 20:11
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Re: Last will and testament_Zurich region

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


https://www.vermoegenszentrum.ch/ind...heritance.html
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  #24  
Old 21.11.2015, 20:17
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Re: Last will and testament_Zurich region

Can one have a will to be legal here if you are not a Swiss citizen or does one need to have their will written in their country of origin?
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  #25  
Old 21.11.2015, 20:36
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Re: Last will and testament_Zurich region

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All UK taxation is self assessment.

Nothing to do with having assets in the UK. Fines can be double the evaded tax plus interest so more than 100% of the estate in many cases.

Lots of people will be in receipt of a UK old age pension...... they will know when you die.

UK IHT is on world wide assets for those born with or whom acquire UK domicile. It's virtually impossible to loose a UK domicile of origin, especially if you ever return on holiday, retain a house or a bank account. HMRC have been partially over zealous on this.

Since Schengen, the UK has scanned all passports when you enter, they know for a fact that you have been present, in the past you just waived a UK passport & could be fairly invisible, not anymore.
Drat, you mean getting my old man to sell up move over here to avoid UK death duties will fail? OK I'll send him back asap...
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  #26  
Old 21.11.2015, 20:38
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Re: Last will and testament_Zurich region

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Drat, you mean getting my old man to sell up move over here to avoid UK death duties will fail? OK I'll send him Bach asap...
If only it was that easy to avoid
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  #27  
Old 24.11.2015, 11:17
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Re: Last will and testament_Zurich region

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Indeed - choosing Heimatrecht was the only way we could leave our estate as we wished, that is, everything to the surviving spouse.

Do make sure you understand forced inheritance under Swiss law - this might not be how you wish to see your estate divided. If you are Swiss citizens then Heimatrecht option is not open to you and you have no choice but to go through forced inheritance for the specified portion. The Freiquote is all you have control over.
This seems incomplete, though of course the devil may well lie in the details.

AFAIK a couple can close an Erbvertrag (inheritance contract), wherein mandatory heirs can forgo their mandatory share by signing, in which case the mandatory shares can be covered and distributed by the contract as well. The contract can't be changed or revoked unless all signatories agree. Of course this is only an if the mandatory heirs voluntarily forgo their share.
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  #28  
Old 24.11.2015, 11:20
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Re: Last will and testament_Zurich region

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This seems incomplete, though of course the devil may well lie in the details.

AFAIK a couple can close an Erbvertrag (inheritance contract), wherein mandatory heirs can forgo their mandatory share by signing, in which case the mandatory shares can be covered and distributed by the contract as well. The contract can't be changed or revoked unless all signatories agree. Of course this is only an if the mandatory heirs voluntarily forgo their share.
If the heirs have integrated into Swiss life & been educated in CH, I suspect they would think it a very odd request from their parents.
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  #29  
Old 24.11.2015, 12:18
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Re: Last will and testament_Zurich region

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This seems incomplete, though of course the devil may well lie in the details.

AFAIK a couple can close an Erbvertrag (inheritance contract), wherein mandatory heirs can forgo their mandatory share by signing, in which case the mandatory shares can be covered and distributed by the contract as well. The contract can't be changed or revoked unless all signatories agree. Of course this is only an if the mandatory heirs voluntarily forgo their share.
And therein lies the reason that we have claimed Heimatrecht. We do not want to have to rely on mandatory heirs doing the 'right thing'. To many examples from friends' sad situations show that good will can fly out the window when money is at stake. Perhaps I might feel differently if the mandatory heirs were children I had raised, but they are not.

(None of the statutory heirs are in Switzerland.)

Besides it just does not sit right with us that the state dictates how we distribute our hard-earned assets. Yes I know that this is a cultural difference, but to our minds blood doesn't mean entitlement.

So for us claiming Heimatrecht is the most secure way to ensure that our wishes are followed.

But it's really a moot point for us as this is only an interim solution, our plans assume we will not live in Switzerland much past retirement.

Last edited by meloncollie; 24.11.2015 at 12:33.
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