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  #21  
Old 23.09.2020, 17:54
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Re: New inheritance law. (2020/21)

I agree that it's a bit strange to have inheritance laws, but certain laws with respect to inheritance should be in place. You shouldn't be able to not pay for minor children just because you decide you don't want them anymore. I shouldn't, for example, be allowed to leave all my money to my lover if I have a 3 kids under 10. Those three kids and their other parent should be provided for to some extent before I can leave my second home and fancy car to my extra-marital affair.
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  #22  
Old 23.09.2020, 18:04
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Re: New inheritance law. (2020/21)

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Your family are British so quite easy to get them to sign their rights away, which did not exist for the 40 odd years you lived in the UK.

That may not work so well with a Swiss born kid who is used to people following rules. If discussed with his peers, no doubt would be told they are being diddled out of his legal inheritance (which they are), which is not such an unusual conversation in CH.

In the UK, I could have given my inheritance to the Battersea Dog's home, or whatever.


Bi-national adult children were very much part of the discussion when the decision was made re successoral pact- they agree 100%. I imagine either of us would downsize and still give a substantial % to children and grand-children- but our children did not want us to be forced out of our home. So, 100% to surviving spouse, and then the whole lot to be divided among themselves when this latter goes. Really don't see why St2leman needs t groan about that? But he is welcome.
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  #23  
Old 23.09.2020, 19:39
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Re: New inheritance law. (2020/21)

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In the UK, I could have given my inheritance to the Battersea Dog's home, or whatever.


Bi-national adult children were very much part of the discussion when the decision was made re successoral pact- they agree 100%. I imagine either of us would downsize and still give a substantial % to children and grand-children- but our children did not want us to be forced out of our home. So, 100% to surviving spouse, and then the whole lot to be divided among themselves when this latter goes. Really don't see why St2leman needs t groan about that? But he is welcome.
Because without such rules, 100% to the local hooker, and nothing to surviving spouse.

Tom
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  #24  
Old 23.09.2020, 19:55
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Re: New inheritance law. (2020/21)

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Because without such rules, 100% to the local hooker, and nothing to surviving spouse.

Tom
Back in the uk it's pretty normal to have given everything away by the time you die for tax reasons. My grandmothers house is owned by my dad.

Now their might be little tax incentive herein CH to do such things, but I guess nothing is stopping you giving your assets to the local hooker before you die?

It seems in general very strange to me to put on place such laws when they are so easily avoidable.
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  #25  
Old 23.09.2020, 20:24
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Re: New inheritance law. (2020/21)

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Back in the uk it's pretty normal to have given everything away by the time you die for tax reasons. My grandmothers house is owned by my dad.

Now their might be little tax incentive herein CH to do such things, but I guess nothing is stopping you giving your assets to the local hooker before you die?

It seems in general very strange to me to put on place such laws when they are so easily avoidable.
They aren't easily avoidable, anything given away or sold in the last ten years before death can be contested.

Tom
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  #26  
Old 23.09.2020, 21:33
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Re: New inheritance law. (2020/21)

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They aren't easily avoidable, anything given away or sold in the last ten years before death can be contested.

Tom

That is the case in the UK too. If someone makes themselves homeless or destitute by giving assets away, and need social care, go into residential care- the property and assets can be clawed back to pay for it.
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  #27  
Old 23.09.2020, 21:54
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Re: New inheritance law. (2020/21)

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In the UK, I could have given my inheritance to the Battersea Dog's home, or whatever.
Just another fundamental difference between civil and common law systems. Forced heirship exists in some form in just about all of continental Europe.
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  #28  
Old 24.09.2020, 08:45
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Re: New inheritance law. (2020/21)

Say I have a Dad who left my Mum and me when I was a kid. Moved to Portugal became a Portuguese citizen and married a Portuguese woman. He is now getting old and maybe about to kick the bucket. If he dies, am I automatically entitled to some inheritance? No other kids are involved.

If I have no contact with the said father, could his wife not keep all the wealth and just not inform me? What if he has debts? Can I be liable?
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  #29  
Old 24.09.2020, 09:30
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Re: New inheritance law. (2020/21)

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Say I have a Dad who left my Mum and me when I was a kid. Moved to Portugal became a Portuguese citizen and married a Portuguese woman. He is now getting old and maybe about to kick the bucket. If he dies, am I automatically entitled to some inheritance? No other kids are involved.

If I have no contact with the said father, could his wife not keep all the wealth and just not inform me? What if he has debts? Can I be liable?
That would depend on Portuguese Inheritance law.

I am in the opposite situation. If I die Swiss law says my father is entitled to something*, which I do not want. The only way around this is to have him renounce his claim. I doubt he would agree and I certainly donít want him to know about this quirk in Swiss law.

*This in respect of my particular situation, doesnít apply to everyone.
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  #30  
Old 24.09.2020, 10:09
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Re: New inheritance law. (2020/21)

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That would depend on Portuguese Inheritance law.

I am in the opposite situation. If I die Swiss law says my father is entitled to something*, which I do not want. The only way around this is to have him renounce his claim. I doubt he would agree and I certainly donít want him to know about this quirk in Swiss law.

*This in respect of my particular situation, doesnít apply to everyone.
This would only be in the specific case where you have a spouse but no children, right?
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  #31  
Old 24.09.2020, 10:13
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Re: New inheritance law. (2020/21)

Just a quick question: if I should meet my demise earlier than I would like, as a B Permit holder which succession law will apply? Swiss or Italian (wife and baby also have BPermit, Italian citizenship)
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  #32  
Old 24.09.2020, 10:24
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Re: New inheritance law. (2020/21)

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Just a quick question: if I should meet my demise earlier than I would like, as a B Permit holder which succession law will apply? Swiss or Italian (wife and baby also have BPermit, Italian citizenship)
If you donít have a will, who knows? If you do have a will you can include a provision that you want your estate dealt with under the laws of your nationality (or state/province/regional area/whatever) The Swiss generally accept this ...
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  #33  
Old 24.09.2020, 10:26
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Re: New inheritance law. (2020/21)

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Just a quick question: if I should meet my demise earlier than I would like, as a B Permit holder which succession law will apply? Swiss or Italian (wife and baby also have BPermit, Italian citizenship)
If you haven’t got wills in place stating that you wish your estate to be dealt with under the Italian succession laws then I believe Swiss laws will apply.
It will certainly complicate things if you do die prematurely if you don’t have anything in place.

It’s pretty easy to write a will and state your wishes here so I recommend doing so.
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  #34  
Old 24.09.2020, 11:24
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Re: New inheritance law. (2020/21)

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They aren't easily avoidable, anything given away or sold in the last ten years before death can be contested.

Tom
Good luck with that after paying a hooker for services in cash.
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  #35  
Old 24.09.2020, 12:08
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Re: New inheritance law. (2020/21)

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In the UK, I could have given my inheritance to the Battersea Dog's home, or whatever.
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Just another fundamental difference between civil and common law systems. Forced heirship exists in some form in just about all of continental Europe.
It's just hard for me, and for many coming from a different legal system, to get my head around the idea that anyone has an automatic right to my hard-earned assets.

It's one of the reasons I have not applied for Swiss citizenship.

The irony is, if I were Swiss then all my assets would leave Switzerland. But because I am not I have claimed Heimatrecht and am able to leave my estate how I choose, much will stay in Switzerland, benefiting Swiss charities.

No matter, it is unlikely I will still be here when I shuffle off this moral coil so pretty much a moot point. I can indeed leave it all to the dogs.
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  #36  
Old 24.09.2020, 12:17
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Re: New inheritance law. (2020/21)

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I can indeed leave it all to the dogs.

How will you do that? Your own dogs or do you mean a dog charity?
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  #37  
Old 24.09.2020, 12:33
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Re: New inheritance law. (2020/21)

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How will you do that? Your own dogs or do you mean a dog charity?
Both.

I have a trust established that will provide for the care of any of my dogs still living when I die. The trust will fund their expenses for the remainder of their lives so that the people nominated to care for them are not out of pocket. Those people also receive an amount as a 'thank you' for taking on this task. If one of the people nominated to care for them is unable to do so at the time, there is a list of other nominees. The 'thank you' amount is a conditional bequest - something that, if I have understood correctly, isn't possible under Swiss law. (Any legal eagles who can comment on conditional bequests?)

Several dog charities will also benefit.

I set the trust up because several decades of volunteering in dog rescue has shown me what can, and often does, happen when Oma dies leaving her beloved Fluffy behind. Despite promises to care for Fluffy, the next stop after the funeral is too often the vet to have Fluffy euthanised because the family has other priorities. Which, by the way, is perfectly legal - despite the prevailing myth, healthy dogs can be killed here.

Fortunately in such cases some vets will convince the family to sign Fluffy over to a dog rescue group. I know first hand how difficult it can be to find a home for an older dog or one with special needs. At least there will be no financial concerns for the person who is stepping up to care for my dogs
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  #38  
Old 24.09.2020, 12:50
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Re: New inheritance law. (2020/21)

Another reason for making a will is to state what you want doing with your body, especially if you die suddenly and unexpectedly. Bury or cremate questions just make your passing all the more difficult for those who survive you.

Likewise, bank details, passwords, outstanding bills, standing orders that may need cancelling etc. etc.

Just imagine that you are no longer here after today, would your family and/or friends be able to easily pick up where you left off??
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  #39  
Old 24.09.2020, 13:21
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Re: New inheritance law. (2020/21)

Anyone care to sum up what changes are proposed in this new legislation?

I know we should really get around to making wills, but with no children or dependants it's perhaps not quite so crucial for us as it may be. But I'd like to understand if the new law would make things better, or worse, for a remaining partner should one of us die.
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  #40  
Old 24.09.2020, 13:28
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Re: New inheritance law. (2020/21)

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Brits would assume the house is paid off long before death in most cases, very difficult for a UK mortgage to extend beyond retirement age.

On the assumption the family home was bought in you 40's, there is likely to be some increase in value over the next 45 years or so when death is most likely to occur, an 80% mortgage amortised to 65% has probably become 20% or less.
I do not understand.

If someone dies the insurance does not pay the flat? Credit insurance or Life insurance (not sure what is the name).

This is quite common in Portugal. The insurance is quite heavy but if one dies mortage is 100% paid.
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