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The importance of inheritance contracts in inheritance law in Switzerland

Bartłomiej Tyndyk
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The importance of inheritance contracts in inheritance law in Switzerland

Inheritance planning involves making binding property arrangements in anticipation of one’s death (mortis causa) in a way that excludes statutory inheritance. The first thought that comes to mind is, of course, testamentary inheritance. Contrary to appearances, however, this is not the only possible option for avoiding inheritance based on the law. For example, there is the possibility of entering into a so-called inheritance agreement, which, unlike a will, is an example of a legal act that takes effect through the submission of at least two consenting declarations of will.

Because of this, in today’s article, we have decided to address the issue of inheritance agreements in Swiss inheritance law. As we know, more and more Poles are seeking their happiness abroad, and Switzerland is enjoying growing popularity in this regard. Incidentally, our lawyers from Lawyer in Europe have often dealt with inheritance in Switzerland in connection with their practice. Moreover, from publicly available data, it is clear that inheritance abroad, in general, is becoming increasingly important in practice year by year.

Swiss Inheritance Law – Inheritance in Switzerland Based on an Inheritance Agreement

According to the provisions of Swiss inheritance law, Erbvertrag is a binding inheritance agreement between the testator and one or more contracting parties. Importantly, it can only be effectively entered into by individuals who have reached the age of 18 and are fully aware of the seriousness of the declarations of will they are making. Both of these conditions must be met together. Thus, Erbvertrag serves as an alternative to a will. In practice, it is most popular among spouses and life partners, allowing them flexible estate planning.

Because Erbvertrag is an agreement, its modification or termination can only occur with the consent of all contracting parties. Therefore, careful consideration is required before entering into it. Incidentally, the importance of Erbvertrag is also evident in its form. Under the provisions of Swiss inheritance law, it must be notarized and then signed in the presence of at least two witnesses. Otherwise, Erbvertrag will be absolutely invalid and will not have the intended legal consequences.

Swiss Inheritance Law – Types of Inheritance Agreements in Swiss Inheritance Law

Importantly, the collective category of inheritance agreements in Swiss inheritance law basically includes two types of agreements: inheritance agreements and waiver agreements. Based on the former, the testator appoints one or more heirs (beneficiaries). Essentially, this is a legally equivalent alternative to a will. In principle, through an inheritance agreement, virtually all dispositions in the event of death that are possible in a will can be made, with one small exception. Specifically, it is not possible in an inheritance agreement to appoint an executor of the will.

On the other hand, a waiver agreement is something entirely different. As the name suggests, a potential heir declares in it that they waive their inheritance from the testator, thereby forfeiting all rights to the inheritance. According to the provisions of Swiss inheritance law, the renunciation of inheritance also includes the descendants of the renouncer unless the parties to the agreement decide otherwise. Interestingly, Swiss inheritance law allows a potential heir to renounce their share of the inheritance in favor of specific relatives. For obvious reasons, when deciding to enter into a waiver agreement, one must exercise particular caution.

Inheritance Abroad – What to Do When Inherited from Abroad?

Foreign nationals named as heirs abroad often do not know how to proceed in such situations. However, this is not surprising, given that few people are familiar with the inheritance laws abroad. Furthermore, knowledge of the official language is also necessary; it is hard to get by without it. Considering that even the slightest mistake can result in the worst-case scenario of losing the inheritance, it is not worth taking the risk by acting on one’s own. In such situations, it is safest to entrust your inheritance matters to professionals who deal with legal representation of foreign inheritances professionally and on a daily basis. You can find them at our law firm, Lawyer in Europe.

So, if you have inherited in Switzerland or another country around the world, we invite you to contact our experts and explore our offer. Lawyers from Lawyer in Europe represent their fellow countrymen throughout Europe, so they will be happy to provide you with the necessary support in the case of inheritance abroad. If necessary, we guarantee you high-quality legal assistance tailored to your individual needs. Your interest is always our top priority.

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