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  #81  
Old 26.09.2020, 11:45
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Re: New inheritance law. (2020/21)

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That seems totally incredible - and yes, I would love to know how it ended up. WOW. Surely, in your lifetime, you can dispose of and spend the money you have earned as you please. Inheritance comes after you die- not before
Such absurd laws was the reason I did not become Swiss.
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  #82  
Old 26.09.2020, 12:02
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Re: New inheritance law. (2020/21)

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Such absurd laws was the reason I did not become Swiss.
To be fair, that example is not the law, and would be very unlikely to have succeeded unless there were other factors involved that we're not aware of.

I do agree that the principle is crazy, but as we don't have kids it's not something I worry about. Is this an area that is being addressed by this current referendum measure?
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  #83  
Old 26.09.2020, 12:07
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Re: New inheritance law. (2020/21)

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And yes, it is potentially depriving an heir of their inheritance. As for "just has to wait" - there may be nothing left worth waiting for if the surviving spouse spends the money. And even if they don't, the children will see their share reduced if the surviving spouse marries again and/or creates more offspring, which is quite likely to happen.
In theory one has trust in their spouses that they would want the best for their kids, if on's kids from a previous spouse or if one has no trust in your spouse firstly they shouldn't be a spouse, secondly now one will have a choice to leave providing inheritance for both ... its all about having a choice
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  #84  
Old 26.09.2020, 12:39
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Re: New inheritance law. (2020/21)

And all of this outlines why this legislation needs changing. But regretfully I have been unable to find any information on what changes are actually being contemplated.
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  #85  
Old 26.09.2020, 13:32
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Re: New inheritance law. (2020/21)

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...Is this an area that is being addressed by this current referendum measure?
I don't think so. The votes this time around had to do with paternity leave, parental allowances, FMOP, planes for the military, and hunting.

I think Tom was probably right in post #2 with respect to this change to inheritance law:

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It will take years to pass, and then will face a referendum, so you'll probably be dead before anything changes.
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  #86  
Old 26.09.2020, 13:33
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Re: New inheritance law. (2020/21)

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And all of this outlines why this legislation needs changing. But regretfully I have been unable to find any information on what changes are actually being contemplated.
It's allowed rich families to stay rich over generations, nothing ever gets lost via divorce, you could say it makes a lot of sense.
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  #87  
Old 26.09.2020, 13:49
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Re: New inheritance law. (2020/21)

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It's allowed rich families to stay rich over generations, nothing ever gets lost via divorce, you could say it makes a lot of sense.
The ancient germanic custom was to divide inheritance equally among direct heirs. The present Swiss law with mandatory parts for both parents and descendants seems to be a reversion to this kind of tradition. The fortune-concentrating way was the old one of primogeniture. First son gets all of it, second son goes into church service, all other sons have to make their own luck as Reisläufer and all the daughters are married off into other families.
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  #88  
Old 26.09.2020, 15:18
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Re: New inheritance law. (2020/21)

Both my parents lived to be 90, so with some careful planning I aim to die at 95 and be completely penniless. I figure that will sort the mater out....
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  #89  
Old 26.09.2020, 18:10
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Re: New inheritance law. (2020/21)

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Both my parents lived to be 90, so with some careful planning I aim to die at 95 and be completely penniless. I figure that will sort the mater out....
What if you live to be 96?
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  #90  
Old 26.09.2020, 18:16
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Re: New inheritance law. (2020/21)

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Both my parents lived to be 90, so with some careful planning I aim to die at 95 and be completely penniless. I figure that will sort the mater out....



LOL - made me giggle. Personally, my parents lived to 96 and 94- and I imagine I won't make it that far. It was simple for us to make a successoral pact to ensure the second spouse inherits 100% - and then our daughters will get 50% each. As said above, much simpler if you have only been married once (50 years in a few months) and have adult children who approve of the plans. I do hope something will be left for them - in the case of my parents and my MIL, Care Homes took it all very quickly. Not my choice - will remain at home with support, then OUT. We are so lucky in Switzerland to have that choice.

Last edited by JackieH; 26.09.2020 at 19:44.
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  #91  
Old 26.09.2020, 19:27
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Re: New inheritance law. (2020/21)

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Such absurd laws was the reason I did not become Swiss.



Why? You can choose in your will to apply the inheritance system you choose, if bi-national, no?
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  #92  
Old 26.09.2020, 19:54
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Re: New inheritance law. (2020/21)

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Why? You can choose in your will to apply the inheritance system you choose, if bi-national, no?
No.

If you are Swiss, only Swiss law matters. Your other nationalities are irrelevant.

Tom
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  #93  
Old 26.09.2020, 19:56
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Re: New inheritance law. (2020/21)

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The present Swiss law with mandatory parts for both parents and descendants seems to be a reversion to this kind of tradition.
It is NOT for both, it is only for parents if there are no descendants.

Tom
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  #94  
Old 26.09.2020, 20:18
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Re: New inheritance law. (2020/21)

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Why? You can choose in your will to apply the inheritance system you choose, if bi-national, no?
Be careful what you assume.

Richard Burton had a Swiss will and who died at home in Celigny (GE) The UK authorities rejected that and applied British law to his entire estate. As did the Geneva authorities. The dispute lasted for years.
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  #95  
Old 26.09.2020, 21:00
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Re: New inheritance law. (2020/21)

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Why? You can choose in your will to apply the inheritance system you choose, if bi-national, no?
NOPE, if you are SWISS you are SWISS & ONLY SWISS as far as the SWISS are concerned.
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  #96  
Old 26.09.2020, 21:20
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Re: New inheritance law. (2020/21)

If me and my wife are C-permit holders with 2 children, are we subject to CH inheritance laws or can we just have a simple CH will that defers to our US will?

Also, we are currently applying for CH citizenship for our kids, not us; how tricky will it become then? Yikes!
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  #97  
Old 26.09.2020, 21:22
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Re: New inheritance law. (2020/21)

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If me and my wife are C-permit holders with 2 children, are we subject to CH inheritance laws or can we just have a simple CH will that defers to our US will?

Also, we are currently applying for CH citizenship for our kids, not us; how tricky will it become then? Yikes!
You need to make a declaration to your geminate that you wish US laws to apply.
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  #98  
Old 26.09.2020, 21:29
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Re: New inheritance law. (2020/21)

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You need to make a declaration to your geminate that you wish US laws to apply.
Nope.. only if his kids remain only American.
If his children become Swiss, it’s solely Swiss law that applies.
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  #99  
Old 26.09.2020, 21:30
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Re: New inheritance law. (2020/21)

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Nope.. only if his kids remain only American.
If his children become Swiss, it’s solely Swiss law that applies.
Time for parents to leave CH if they chose not to become Swiss
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  #100  
Old 26.09.2020, 21:35
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Re: New inheritance law. (2020/21)

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You need to make a declaration to your geminate that you wish US laws to apply.
In Vaud you could state this in your will. Having Swiss Children will not affect the parent’s status.
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