Inheritance Law
Inheritance contract, last wills, foundation, trust, estate planning, donation, execution of will, distribution of estate, patient decree, advance care directive
To enable our clients to fully devote themselves to their careers and families without second thoughts, it is necessary for them to have made optimum arrangements with regard to their private financial matters. We advise our clients regarding the structuring of their personal affairs, develop customised solutions for them, support them in estate planning as well as in the drafting of prenuptial and testamentary contracts, fulfil the role of executors, and settle estates.
We advise and support you concerning the following topics, among others:
- Contracts of inheritance
- Testaments
- Matrimonial property law (marriage settlements)
- Foundations and trusts
- Estate planning
- Gifts and donations
- Corporate succession issues
- Execution of wills
Patient decree and advance care directive
The patient decree and the advance care directive are ruled by the Civil Code in the law on protection of adults. They allow to define orders for the case that loss of capacity of judgement occurs. Be it by an accident, by disease or by senile decay.
On the one hand, a judicious person can define in a patient decree, to which medical measures he agrees or not. He can designate a natural person who discusses in case of loss of capacity of judgement with the attending doctor the medical provisions. The patient decree facilitates relatives as well as doctors to decide in difficult moments.
Concerning the advance care directive, a judicious person can instruct a natural person or a corporate body to resume in case of loss of capacity of judgement the personal custody or the statutory duty of care of a minor’s property or to represent him in legal matters. In doing so, he must describe the duties which he will transfer to the assigned person and can issue directives for the accomplishment of the duties. The advance care directive strengthens the right of self-determination, because who looks ahead, can assure that his intention will be respected.
An advance care directive is either hand-written and signed or publicly certified. Our notaries will gladly provide advice on establishing an advance care directive and will carry out public notarizations where requested.
Depositing wills, inheritance contracts and advance care directives
Testamente oder Erbverträge können Sie entweder selbst verwahren, Dritten (bspw. einem Notar) zur Verwahrung übergeben oder bei einer Amtsstelle hinterlegen lassen. Auf Wunsch organisieren wir gerne die Hinterlegung Ihres Testaments oder Ihres Erbvertrags bei der zuständigen Amtsstelle.
Vorsorgeaufträge lassen sich zwar nicht amtlich aufbewahren, wir sorgen aber dafür, dass die zuständigen Behörden über das Vorhandensein und den Aufbewahrungsort Ihres Vorsorgeauftrags in Kenntnis gesetzt sind.
Your Experts
Patrick Stach
Senior Partner
Patrik Mauchle
Associate
Nicolas Buob
Associate
Focus
Company succession in inheritance law
Company succession under inheritance law often poses major challenges, as the current Swiss inheritance law does not recognise any special provisions for companies. This is why the Federal Council is proposing specific measures to facilitate company succession in its dispatch of 10 June 2022. The first amendments to the law on compulsory portions already came into force on 1 January 2023. The aim of the reform is to ensure greater stability for companies.
Revision of inheritance law: the right to a compulsory portion
The Federal Council’s decision to enact the first part of the revised inheritance law on 1 January 2023 was in recognition of society’s need for greater freedom in the structuring of the estate. In the future, it will be possible to decide freely on a more significant part of one’s estate.
Forfeiture of inheritance
Upon the testator’s death, the heirs enter into his or her legal position comprehensively and assume all rights and obligations. This means that the heirs are not only responsible for the remaining assets, but also for the debts left behind. If this is to be prevented, the inheritance must be actively declined.
