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  #121  
Old 28.09.2020, 11:01
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Re: New inheritance law. (2020/21)

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I believe your Swiss home will be subject to Swiss inheritance laws.
But on the upside will be subject to Swiss inheritance tax i.e. somewhere between nothing and nearly nothing...
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  #122  
Old 28.09.2020, 11:27
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Re: New inheritance law. (2020/21)

A couple of points here as things currently stand. If you have debts which exceed the value of the estate, and your heirs accept the will, they will be liable for the debts.

If you still have assets in the UK, a home, bank accounts etc, it could be wise to make 2 wills, one for the UK assets and one for the Swiss assets. Part of the reason for making a will in Switzerland is that it does allow you to make donations to charity and friends, up to 10% of the estates net value I believe.
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  #123  
Old 28.09.2020, 13:13
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Re: New inheritance law. (2020/21)

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A couple of points here as things currently stand. If you have debts which exceed the value of the estate, and your heirs accept the will, they will be liable for the debts.

If you still have assets in the UK, a home, bank accounts etc, it could be wise to make 2 wills, one for the UK assets and one for the Swiss assets. Part of the reason for making a will in Switzerland is that it does allow you to make donations to charity and friends, up to 10% of the estates net value I believe.
In the UK you can donate part of your estate to charity and avoid paying inheritance tax on this portion...
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  #124  
Old 28.09.2020, 13:21
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Re: New inheritance law. (2020/21)

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But on the upside will be subject to Swiss inheritance tax i.e. somewhere between nothing and nearly nothing...
A Brit could still be liable to IHT on assets not passed to their spouse, there is a 100% exemption to spouses. It's a question of if UK domicile has been lost or not. Moving away for a few years or changing country every 10 years won't cut it.

I have not lived in the UK for over 25 years, however when I left CH after 20 years I automatically reverted to my UK domicile of origin.
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In the UK you can donate part of your estate to charity and avoid paying inheritance tax on this portion...
Even better donate at least 10% of the estate & the CGT rate drops from 40% to 36%.
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  #125  
Old 28.09.2020, 13:39
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Re: New inheritance law. (2020/21)

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But on the upside will be subject to Swiss inheritance tax i.e. somewhere between nothing and nearly nothing...
If inheritance tax is due does not depend on the jurisdiction of the will and estate but on the tax laws of where the testator, heir lives, and where the estate is locate. Specially in case of real estate but also securities and other monetary products in case of the USA. In the worst case you have to pay up to three or more times times inheritance tax: At the last place of residence of the testator, at the place of the heir, and at the place where (part of) the estate is. If testator or heir has more than one tax residency things can get even more complicated.

Tax law and inheritance law are two separate things.
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  #126  
Old 28.09.2020, 13:42
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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.
AFAIK not true. Show the law where it says so.

Relevant would be the Civil Code and the IPRG
Links provided for your convenience. Please state the actual Articles of the law which proof your point of view.
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  #127  
Old 28.09.2020, 13:58
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Re: New inheritance law. (2020/21)

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If the child is 'barely' our of diapers, it would be interesting to see what the solicitor would say.
They need the approval of their legal guardians.
https://www.erb-vertrag.ch/verfuegungsfaehigkeit
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  #128  
Old 28.09.2020, 15:17
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Re: New inheritance law. (2020/21)

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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
Bless you Meloncolie

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  #129  
Old 15.10.2020, 21:00
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Re: New inheritance law. (2020/21)

Just reading the mental swiss inheritance law which I can't even overwrite completely if I understand https://www.ch.ch/en/how-do-i-make-a-will/ correctly.

No kids no wife, seems like parents get 50/50. Can I write a will to just give 100% to one of them?
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  #130  
Old 15.10.2020, 21:02
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Re: New inheritance law. (2020/21)

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Just reading the mental swiss inheritance law which I can't even overwrite completely if I understand https://www.ch.ch/en/how-do-i-make-a-will/ correctly.

No kids no wife, seems like parents get 50/50. Can I write a will to just give 100% to one of them?
No.

And I like the law.

Tom
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  #131  
Old 15.10.2020, 21:18
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Re: New inheritance law. (2020/21)

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No kids no wife, seems like parents get 50/50. Can I write a will to just give 100% to one of them?
Yes.

But if the other parent is unhappy after your death, they can claim 25% of the estates value from the other parent. As you are dead by that time this is none of your concern.
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  #132  
Old 15.10.2020, 22:13
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Re: New inheritance law. (2020/21)

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Just reading the mental swiss inheritance law which I can't even overwrite completely if I understand https://www.ch.ch/en/how-do-i-make-a-will/ correctly.

No kids no wife, seems like parents get 50/50. Can I write a will to just give 100% to one of them?
Are you Swiss? If not I think you can go with the laws of your country of nationality.
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  #133  
Old 16.10.2020, 08:29
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Re: New inheritance law. (2020/21)

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Are you Swiss? If not I think you can go with the laws of your country of nationality.
Bur you need to write this into your will. If you don’t have a will, Swiss law applies.
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  #134  
Old 16.10.2020, 08:36
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Re: New inheritance law. (2020/21)

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Bur you need to write this into your will. If you don’t have a will, Swiss law applies.
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No kids no wife, seems like parents get 50/50. Can I write a will to just give 100% to one of them?
He wants to write a will. The answer is yes if he’s not Swiss!
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  #135  
Old 16.10.2020, 16:47
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Re: New inheritance law. (2020/21)

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No.

And I like the law.

Tom
That's nice. I prefer a law that's more flexible to meet more people's needs, not one that places unnecessary restrictions.

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Are you Swiss? If not I think you can go with the laws of your country of nationality.
I am not Swiss, have a few nationalities. Do I get to cherry pick? Finally something good from all the passport renewal fees I have to fork out

Last edited by Bozza; 16.10.2020 at 16:49. Reason: combining 2 posts
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  #136  
Old 16.10.2020, 17:55
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Re: New inheritance law. (2020/21)

From what additional information I have been able to glean there are two changes being proposed.

The first will you to reduce the legal minimum to direct descendants by 50% (i.e if the law requires 50% to go to your spouse and single child you can reduce this to 25% too one or both without their agreement.

The second is you can reduce the amount to parents to 0 without their agreement.

Both have to be in a written will.

https://worldradio.ch/article/swiss-...-october-2020/
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