Go Back   English Forum Switzerland > Help & tips > Permits/visas/government  
Reply
 
Thread Tools Display Modes
  #1  
Old 15.04.2020, 13:20
Forum Legend
 
Join Date: Oct 2014
Location: Nyon
Posts: 3,220
Groaned at 151 Times in 111 Posts
Thanked 3,972 Times in 1,955 Posts
bowlie has a reputation beyond reputebowlie has a reputation beyond reputebowlie has a reputation beyond reputebowlie has a reputation beyond reputebowlie has a reputation beyond repute
Swiss Inheritance law

I am wondering if one of the Gurus out there could help me with Swiss Inheritance law.

My Spouse and I are newly Swiss. We have no children. If one of us, or both of us, were to die without a will how would our estates be distributed amongst our remaining kin. My Wife has a Sister, I have a mother, father, sister and brother. Also I have two nieces and two nephews (and they have kids).

I would like to specifically exclude my father, as he had nothing to do with my upbringing and still owes my mother a large sum of money from not paying the court ordered child support.

Can this exclusion be done?
Reply With Quote
  #2  
Old 15.04.2020, 13:24
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 6,994
Groaned at 65 Times in 52 Posts
Thanked 10,163 Times in 4,160 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Swiss Inheritance law

https://www.englishforum.ch/3163984-post7.html
and particularly the link therein, sets out the basics, with a nice pie-chart.

As you have a spouse, you can leave all your possessiont to him/her, and your father is not in the equation at all.

If your spouse dies before you, you will then be single, spouseless and childless. In that case, your father has a right to inherit a portion of your remaining estate. You can exclude him only with his express permission.
Reply With Quote
  #3  
Old 15.04.2020, 13:37
Forum Legend
 
Join Date: Oct 2014
Location: Nyon
Posts: 3,220
Groaned at 151 Times in 111 Posts
Thanked 3,972 Times in 1,955 Posts
bowlie has a reputation beyond reputebowlie has a reputation beyond reputebowlie has a reputation beyond reputebowlie has a reputation beyond reputebowlie has a reputation beyond repute
Re: Swiss Inheritance law

Quote:
View Post
https://www.englishforum.ch/3163984-post7.html
and particularly the link therein, sets out the basics, with a nice pie-chart.

As you have a spouse, you can leave all your possessiont to him/her, and your father is not in the equation at all.

If your spouse dies before you, you will then be single, spouseless and childless. In that case, your father has a right to inherit a portion of your remaining estate. You can exclude him only with his express permission.
Thank you for that, do you know if that also exists in French?
Reply With Quote
  #4  
Old 15.04.2020, 14:01
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 12,086
Groaned at 91 Times in 82 Posts
Thanked 18,402 Times in 8,183 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Swiss Inheritance law

Here in French:

https://www.vermoegenszentrum.ch/con...-heritage.html

No will:
If she/he dies you get 75% of the estate, the sister 25%
If you die she will get 75% of the estate, your mother and father each 12.5 %.

Will:
If she/he dies she must give you at least 37.5%, if not you could sue if you wish to do so (only possible after the testator is dead). Sister can be fully disinherited.

If you dies you must give her/him at least 37.5%, and each parent 6.25%, if not they could sue if they wish to do so (only possible after the testator is dead).

Disinheritance of the father. See from Art. 477 Civil Code onward https://www.admin.ch/opc/en/classifi...ndex.html#a477
"still owes my mother a large sum of money from not paying the court ordered child support." might be a valid reason for disinheritance.

If you have the default marriage property regime which is "Contribution to jointly acquired property"/"participation aux acquêts"/Errungenschaftsbeteiligung, the estate consists of the good of its own + half of the jointly acquired property.
https://www.ch.ch/en/matrimonial-regime/
Goods of its own are: what the partner had before marriage, all gifts, all inheritances, and all profits from the good of its own.
__________________
"Okay, I just hope we don't wake up on Mars or something surrounded by millions of little squashy guys."

Last edited by aSwissInTheUS; 15.04.2020 at 14:12.
Reply With Quote
This user would like to thank aSwissInTheUS for this useful post:
  #5  
Old 15.04.2020, 14:18
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 21,384
Groaned at 369 Times in 284 Posts
Thanked 16,187 Times in 9,196 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Swiss Inheritance law

https://www.ch.ch/en/succession-what-does-the-law-say/
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Swiss Inheritance account titine Finance/banking/taxation 3 17.12.2018 08:41
Swiss inheritance law question Cynthea Family matters/health 74 13.04.2018 00:19
UK assets and inheritance tax, and Swiss tax... Chuff Finance/banking/taxation 41 27.01.2017 09:16
Swiss inheritance law applied to American with dual Swiss citizenship bmjnyc Finance/banking/taxation 5 11.03.2012 13:58
Providing For Pets Under Swiss Inheritance Law meloncollie Pet corner 0 13.12.2009 12:50


All times are GMT +2. The time now is 22:02.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0