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-   -   New inheritance law. (2020/21) (https://www.englishforum.ch/swiss-politics-news/300295-new-inheritance-law-2020-21-a.html)

bowlie 23.09.2020 09:30

New inheritance law. (2020/21)
 
On the radio this morning is a report about Parliament has passed amendments to the current inheritance laws. It still has to go to the Council of States for their approval.

We have just rEcently rewritten our wills, as we have become citizens. We are curious if our new wills will be compliant with the new rules.

Iíve been searching for more details but am not getting much this morning.

Can anyone help me with a link to more information?

st2lemans 23.09.2020 09:47

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

Tom

Island Monkey 23.09.2020 10:42

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by bowlie (Post 3219713)
On the radio this morning is a report about Parliament has passed amendments to the current inheritance laws. It still has to go to the Council of States for their approval.

We have just rEcently rewritten our wills, as we have become citizens. We are curious if our new wills will be compliant with the new rules.

Iíve been searching for more details but am not getting much this morning.

Can anyone help me with a link to more information?

About time. Swiss inheritance laws are mental!

fatmanfilms 23.09.2020 10:45

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by Island Monkey (Post 3219744)
About time. Swiss inheritance laws are mental!

Not very different to most of Europe.
UK on the other hand allows people do so what they like, rather than interfere with peoples personal affairs.

st2lemans 23.09.2020 10:51

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by fatmanfilms (Post 3219747)
Not very different to most of Europe.

Indeed.

I like Swiss inheritance laws, no need to make a will!

Tom

bowlie 23.09.2020 10:55

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by st2lemans (Post 3219719)
It will take years to pass, and then will face a referendum, so you'll probably be dead before anything changes.

Tom

Seeing as this has support from all political parties I doubt if any of them would seek a referendum. It may not take as long as you think.

And I have no plans for dying.

aSwissInTheUS 23.09.2020 11:03

Re: New inheritance law. (2020/21)
 
https://www.parlament.ch/de/ratsbetr...airId=20180069

st2lemans 23.09.2020 11:03

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by bowlie (Post 3219751)
Seeing as this has support from all political parties I doubt if any of them would seek a referendum.

People are free to ask for a referendum, they do not need the backing of a political party.

Tom

LtSoftDrink 23.09.2020 11:14

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by fatmanfilms (Post 3219747)
Not very different to most of Europe.
UK on the other hand allows people do so what they like, rather than interfere with peoples personal affairs.


This also helps to keep the plots on "Midsomer Murders" interesting :D

Island Monkey 23.09.2020 11:53

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by st2lemans (Post 3219756)
People are free to ask for a referendum, they do not need the backing of a political party.

Tom

I canít see why people would ever object to being able to leave their money to the people they wish ... apart from people with standard families too lazy to make a will!

JackieH 23.09.2020 11:55

Re: New inheritance law. (2020/21)
 
A will is certainly essential, with a successoral pact- if you want to leave all to your spouse, and not force them to sell the family home to give 50% to children.

Island Monkey 23.09.2020 11:57

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by JackieH (Post 3219780)
A will is certainly essential, with a successoral pact- if you want to leave all to your spouse, and not force them to sell the family home to give 50% to children.

Doesn’t matter if you have a will or not, a percentage (which can be reduced by a will) still goes to all your heirs... unless they sign to relinquish their claim :eek: (edit: maybe that’s what you meant by successoral pact after re-reading).

bowlie 23.09.2020 11:58

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by st2lemans (Post 3219756)
100,000 People are free to ask for a referendum, they do not need the backing of a political party.

Tom

ftfy

amogles 23.09.2020 12:02

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by bowlie (Post 3219751)
And I have no plans for dying.

With all respect, not a good attitude with respect to wills.

I have personally been involved in a sticky situation caused by the inheritance of a person who never thought about her own death and always refused to make a will.

It's always better to have a will and to change it should you change your mind, than to assume you won't be needing one. Death can come in many unexpected ways and clarity can save your family from much unnecessary strife.

fatmanfilms 23.09.2020 12:06

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by JackieH (Post 3219780)
A will is certainly essential, with a successoral pact- if you want to leave all to your spouse, and not force them to sell the family home to give 50% to children.

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.

aSwissInTheUS 23.09.2020 13:15

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by JackieH (Post 3219780)
A will is certainly essential, with a successoral pact- if you want to leave all to your spouse, and not force them to sell the family home to give 50% to children.

No need to give 50% to the children.

If the home is part of the accumulated assets the spouse already gets 50%.
From the reminder the spouse would get in absence of a will another 25% of the total value (if there are children). The children would thus have a claimable part of 18.75% (3/4 of 25%). A forced sell would assume there is no room to increase the mortgage. But on the other hand a mortgage would reduce the total value of the estate (the estate consist of all assets and also all debts).

What situation would that be? 60% of house value as mortgage? Then we are down to 7.5% of the house value which the children could claim (Note: they must claim themselves.). Or 80% as a mortgage? Then we are down to 3.75% of the house value.

fatmanfilms 23.09.2020 13:31

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by aSwissInTheUS (Post 3219829)
No need to give 50% to the children.

If the home is part of the accumulated assets the spouse already gets 50%.
From the reminder the spouse would get in absence of a will another 25% of the total value (if there are children). The children would thus have a claimable part of 18.75% (3/4 of 25%). A forced sell would assume there is no room to increase the mortgage. But on the other hand a mortgage would reduce the total value of the estate (the estate consist of all assets and also all debts).

What situation would that be? 60% of house value as mortgage? Then we are down to 7.5% of the house value which the children could claim (Note: they must claim themselves.). Or 80% as a mortgage? Then we are down to 3.75% of the house value.

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.

Island Monkey 23.09.2020 13:38

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by fatmanfilms (Post 3219790)
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.

We just went through this when my husbands dad died. Funnily he and his Swiss siblings assumed everything would go to their Mum... I had to inform them that it wouldn’t and they would have to relinquish their claim. :msnsarcastic: (EF knowledge trumps Swiss knowledge :D )

bowlie 23.09.2020 14:17

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by amogles (Post 3219787)
With all respect, not a good attitude with respect to wills.

I have personally been involved in a sticky situation caused by the inheritance of a person who never thought about her own death and always refused to make a will.

It's always better to have a will and to change it should you change your mind, than to assume you won't be needing one. Death can come in many unexpected ways and clarity can save your family from much unnecessary strife.

In my original post I mention we had wills. I am curious if the change in law means we need to consider changing our wills.

aSwissInTheUS 23.09.2020 14:38

Re: New inheritance law. (2020/21)
 
Quote:

Originally Posted by bowlie (Post 3219859)
In my original post I mention we had wills. I am curious if the change in law means we need to consider changing our wills.

First you should wait what is actually changed. It goes now back to the council of states where they will discuss the changes the national council made to the proposal.

Considering the currently known proposal:
No. If you claim "Heimatrecht" than anyway not. Other wise the upcoming changes might give you some more freedoms if you operate under Swiss jurisdiction. One change which might be relevant is in case of a lodge divorce. In that case the spouses no longer have a claimable share (Pflichtteil).


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