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  #101  
Old 26.09.2020, 21:51
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Re: New inheritance law. (2020/21)

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If you are Swiss, only Swiss law matters. Your other nationalities are irrelevant.
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NOPE, if you are SWISS you are SWISS & ONLY SWISS as far as the SWISS are concerned.
Residency matters too. MIL was Swiss but not resident here when she died. Her will from the country where she resided applied, NOT Swiss law, and the Swiss authorities applied that will to the letter.
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  #102  
Old 26.09.2020, 21:56
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Re: New inheritance law. (2020/21)

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Residency matters too. MIL was Swiss but not resident here when she died. Her will from the country where she resided applied, NOT Swiss law, and the Swiss authorities applied that will to the letter.
If you don't die under Swiss law, then Swiss law is clearly irrelevant. Swiss real estate however is always covered by Swiss inheritance law, that could catch out some BRITS home owners here. Same for French Property.
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  #103  
Old 26.09.2020, 21:59
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Re: New inheritance law. (2020/21)

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If you don't die under Swiss law, then Swiss law is clearly irrelevant. Swiss real estate however is always covered by Swiss inheritance law, that could catch out some BRITS home owners here. Same for French Property.
This.

Same with Italian for property.

Tom
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  #104  
Old 26.09.2020, 22:00
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Re: New inheritance law. (2020/21)

For us, both dual citizens, Swiss Law + successoral pact suits fine.


For any complicated situation- I'd certainly advise anyone to seek legal advice and not trust info given on EF- unless give by an expert in International Law with experience.
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  #105  
Old 26.09.2020, 22:01
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Re: New inheritance law. (2020/21)

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In Vaud you could state this in your will. Having Swiss Children will not affect the parent’s status.
No, not true. Swiss children have a right to have Swiss law apply.
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  #106  
Old 26.09.2020, 22:05
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Re: New inheritance law. (2020/21)

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No, not true. Swiss children have a right to have Swiss law apply.
Not if the person dies outside of Switzerland and has other citizenship.

Tom
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  #107  
Old 26.09.2020, 22:13
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Re: New inheritance law. (2020/21)

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For us, both dual citizens, Swiss Law + successoral pact suits fine.


For any complicated situation- I'd certainly advise anyone to seek legal advice and not trust info given on EF- unless give by an expert in International Law with experience.
If you live in Switzerland & are Swiss, 'International Law' whatever that may be is irrelevant. 'International Law' is ignored by all governments whenever it suits them as it's just an agreement & nothing else.
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  #108  
Old 26.09.2020, 22:31
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Re: New inheritance law. (2020/21)

Oh dear
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  #109  
Old 26.09.2020, 22:38
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Re: New inheritance law. (2020/21)

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Oh dear
You only need to worry about any laws that actually apply & are enforceable.

EU has regularly ignored 'International Law' when it suited as will other jurisdictions as an when they wish to do.
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  #110  
Old 26.09.2020, 22:52
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Re: New inheritance law. (2020/21)

There is no such thing as 'International Law' - but there are legal experts who know how different National Laws interact with each other and how to influence the outcome. And there are experts out there who have tons of experience and understand how it works- better than me - and if I may say, you too.


But this nonsense is tiresome, for sure.
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  #111  
Old 27.09.2020, 18:46
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Re: New inheritance law. (2020/21)

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No, not true. Swiss children have a right to have Swiss law apply.
OK, purely hypothetical question:

I am not Swiss, have claimed Heimatrecht, statutory heirship does not apply. All the folks who would otherwise fall into a statutory heir category are not Swiss and do not live in Switzerland. So all good.

But - what if one of the young'uns were to somehow obtain Swiss citizenship... and what if I popped my clogs before I had a chance to leave Switzerland...

Could my Heimatrecht declaration be challenged?

Many thanks.
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  #112  
Old 27.09.2020, 18:49
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Re: New inheritance law. (2020/21)

As said above, for complicated situations check with experienced Lawyer.
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  #113  
Old 27.09.2020, 19:00
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Re: New inheritance law. (2020/21)

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As said above, for complicated situations check with experienced Lawyer.
The question is not really worth a lawyer's fee, it was just a hypothetical situation that popped into my head, sparked by this discussion. So the collective EF opinion is likely good enough.

I'm not worried, as

a.) The chance of any of the young'uns becoming Swiss anytime, let alone before I shuffle off this mortal coil, is infintismal, and

b.) They all know I'll come back to haunt them if they try to screw over the Muttley Crew.
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  #114  
Old 27.09.2020, 19:37
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Re: New inheritance law. (2020/21)

I have no idea Meloncollie, wish I could answer.
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  #115  
Old 27.09.2020, 19:56
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Re: New inheritance law. (2020/21)

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OK, purely hypothetical question:

I am not Swiss, have claimed Heimatrecht, statutory heirship does not apply. All the folks who would otherwise fall into a statutory heir category are not Swiss and do not live in Switzerland. So all good.

But - what if one of the young'uns were to somehow obtain Swiss citizenship... and what if I popped my clogs before I had a chance to leave Switzerland...

Could my Heimatrecht declaration be challenged?

Many thanks.
No.

It depends on you, not them. The fact that they are (hypothetically) Swiss is irrelevant.

Tom
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  #116  
Old 27.09.2020, 21:16
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Re: New inheritance law. (2020/21)

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In theory one has trust in their spouses that they would want the best for their ownkids, 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
As you say, in theory. Also in theory, marriage is forever (or until either dies).
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  #117  
Old 27.09.2020, 21:25
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Re: New inheritance law. (2020/21)

In some case, it is still the case - believe it or not


Later edit for Urs - re mariage being for life - so no, not sod the children.

Last edited by JackieH; 27.09.2020 at 22:06.
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  #118  
Old 27.09.2020, 21:44
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Re: New inheritance law. (2020/21)

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In some case, it is still the case - believe it or not
You're absolutely right, sod everybody else and especially their children.
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OK, purely hypothetical question:

I am not Swiss, have claimed Heimatrecht, statutory heirship does not apply. All the folks who would otherwise fall into a statutory heir category are not Swiss and do not live in Switzerland. So all good.

But - what if one of the young'uns were to somehow obtain Swiss citizenship... and what if I popped my clogs before I had a chance to leave Switzerland...

Could my Heimatrecht declaration be challenged?

Many thanks.
Claimed or been granted/acknowledged?
I would think having Heimatrecht is a result of having Bürgerschaft (citizenship), which conveys Swiss citizenship (Gemeinde -> Kanton -> Bund). Apparently it doesn't, where's the disconnect?
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  #119  
Old 27.09.2020, 22:01
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Re: New inheritance law. (2020/21)

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Claimed or been granted/acknowledged?
I would think having Heimatrecht is a result of having Bürgerschaft (citizenship), which conveys Swiss citizenship (Gemeinde -> Kanton -> Bund). Apparently it doesn't, where's the disconnect?
I think we might be talking about different things.

I'm referring to the ability of a non-Swiss citizen resident in Switzerland to state that he or she chooses to have the estate/testament handled under his or her home country's inheritance laws rather than Switzerland's. This is generally, if perhaps colloquially, referred to as 'claiming Heimatrecht'.

This ability to choose is limited to Swiss residents who are not Swiss citizens.

I am not Swiss, I have 'claimed Heimatrecht' and thus becaue I am a US citizen my estate will be handled under US inheritance law.
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  #120  
Old 28.09.2020, 10:00
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Re: New inheritance law. (2020/21)

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I think we might be talking about different things.

I'm referring to the ability of a non-Swiss citizen resident in Switzerland to state that he or she chooses to have the estate/testament handled under his or her home country's inheritance laws rather than Switzerland's. This is generally, if perhaps colloquially, referred to as 'claiming Heimatrecht'.

This ability to choose is limited to Swiss residents who are not Swiss citizens.

I am not Swiss, I have 'claimed Heimatrecht' and thus becaue I am a US citizen my estate will be handled under US inheritance law.
I believe your Swiss home will be subject to Swiss inheritance laws.
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