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Experts for
Inheritance law
It is human not to want to deal with our own transience.
Nevertheless, it is precisely by settling the inheritance at an early stage that many problems that arise in the course of the loss of a loved one can be avoided with legal certainty.
In addition to the already burdensome grief, there is often uncertainty among the heirs regarding the execution of the inheritance. There is a lack of necessary information and legal certainty. This often leads to unpleasant problems among the heirs. In addition, family conflicts arise again in the course of inheritance, for example if individual heirs already felt disadvantaged by the deceased compared to other heirs during their lifetime.
The experience of our lawyers shows that conflicts can often be avoided in advance by dealing with one’s own estate at an early stage and through open and active communication.
Our specialist inheritance lawyer will be happy to show you below how we can support you with your estate planning under inheritance law.
Inheritance law
Where are we active?
Your lawyer for inheritance law provides competent support and qualified services in the following areas, among others:
Drafting & review of individual testamentary dispositions・ Drafting and review of inheritance contracts and preparation of notarization ・ Support & advice in the context of estate distribution・ Representation & advice in the context of inheritance law proceedings such as actions for reduction or invalidity
Reduction
Inheritance lawsuit
In the event of a breach of the compulsory portion through a will or an inheritance contract(Art. 470 ff. ZGB), the affected party can sue for a reduction of the inheritance portion to the permitted level (Art. 522 para. 1 CC). If no action for reduction is brought, the testamentary disposition remains effective. Certain lifetime gifts are also subject to reduction, for example unusual gifts made during the last five years (Art. 527 para. 3 ZGB). The action must be brought within one year of the heirs becoming aware of the infringement of their rights and no later than ten years from the date on which the will was opened (in the case of lifetime gifts, from the date of death) (Art. 533 para. 1 CC).
Persons protected by a compulsory portion who already own parts of the estate do not have to sue. By way of defense, i.e. to defend against claims that would violate your compulsory portion, the reduction can be asserted at any time (Art. 533 para. 3 ZGB). Persons who have validly waived their inheritance rights in an inheritance contract may not bring an action(Art. 495 ZGB).
Your inheritance lawyer will be happy to advise you in detail.
Invalidity
Inheritance lawsuit
A testamentary disposition with serious defects can be declared invalid in whole or in part upon complaint. The grounds for action are listed exhaustively in the law. The focus here is on the dispositions of persons who were not capable of making dispositions at the time of establishment (Art. 519 para. 1 no. 1 CC), dispositions with formal defects(Art. 520 f. ZGB) and dispositions containing an invalid disinheritance(Art. 479 f. ZGB). If no action is brought, the order remains fully effective. The judgment is only effective between the parties to the action.
The action must be brought within one year of knowledge of the disposition and the grounds for invalidity and no later than ten years, or thirty years in the case of defendants acting in bad faith, after the will was opened (Art. 521 para. 1 and 2 ZGB). There is no need to sue if you already own parts of the estate, as invalidity can be asserted by way of objection at any time (Art. 521 para. 3 ZGB).
Your inheritance lawyer will be happy to advise you in detail.
Inheritance law
What we do for you
Individual conception
You can create clarity at an early stage by regulating your estate by means of a will or inheritance contract. This effectively counteracts the emergence of legal conflicts among your heirs.
Our inheritance lawyer will determine your needs on the basis of a personal consultation and will then work out an estate solution tailored to you and your situation.
Protecting your life partner
It is often a concern of our clients to provide the surviving spouse with the best possible protection. This objective can usually be achieved by drawing up a combined marriage and inheritance contract or an inheritance and waiver of inheritance contract.
Upcoming revision of inheritance law: more freedom for you
As part of a revision of the law, amended compulsory portion regulations will apply in future. The existing inheritance law no longer does justice to today’s diverse lifestyles. The Federal Council is therefore proposing to make inheritance law more flexible. The testator should be able to freely dispose of a larger part of his assets. In particular, the Federal Council wants to reduce the compulsory portion rates. For example, the testator could also give more favorable treatment to the de facto partner or stepchildren.
Our inheritance lawyer will be happy to show you how you can benefit from these new freedoms today. Get in touch with us!
Classic legal practice
with the most modern means
For case inquiries from new clients, your inheritance lawyer will first conduct an initial consultation with you. This costs a flat rate of CHF 330 and, together with the case inspection, takes about an hour. The initial meeting can take place either on site in our office, by video call or by telephone.
At the initial meeting, we will discuss your concerns, will draw up the facts of the case with you and check your documents. You will then receive an initial legal assessment from us. We also discuss the next steps and provide you with recommendations for action. If it is necessary to engage a lawyer, we agree on the terms of the mandate, the underlying strategy, the goal to be achieved and the next steps.
We support you every step of the way
Make an appointment
Call our law firm in Winterthur on +41 52 222 01 20or make an appointment online for an initial consultation.
