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Private Clients - Switzerland

Step 1: How Do I Go about Estate Planning?

Estate planning allows you to ensure that assets are transferred in accordance with your wishes. We show you how to go about it step by step.

Listing Assets

Make a list of your assets and collect all the important documents relating to the inheritance, such as bank statements, statements of assets, inheritance contracts, etc.

Giving Instead of Bequeathing?

Consider whether you would like to bequeath part of your assets to your heirs now (advance on inheritance). In tax terms, gifts and bequests are treated in the same manner in most cantons. A gift makes sense if you no longer need a certain part of your assets and it is in the interest of your heirs to have it at their disposal now.

What Counts as Estate Assets?

If you are married, assets are distributed according to the so-called marital property system. In the absence of a marriage contract, joint ownership of acquired property applies (Swiss Civil Code Art. 196-220), in which case each spouse is entitled to half of the acquired property. If you have opted for a marriage contract, you can choose between community of property (Swiss Civil Code Art. 221-246) and separation of property (Swiss Civil Code Art. 247-251). In the case of community of property, each spouse is entitled to half of the common property. In the case of separation of property, no claim on matrimonial property with regard to the assets of the other spouse exists.

Determining Inheritance Distribution

If no will or contract of inheritance has been written, the estate goes to the legal heirs. In a will, however, the testator can insert other heirs or make a change to the inheritance portions. In so doing, the legally prescribed compulsory portions for the spouse / registered partner, the successors, or the parents (in the absence of any heirs) must be taken into account. The testator may dispose freely of the remaining assets (divisible portion).
Statutory Shares of Inheritance / Forced Shares PDF (93KB)

Will and Contracts of Inheritance

In order to settle your estate, you can draw up a will or a contract of inheritance. A will can be produced in handwritten form or certified by a notary. The contract of inheritance is concluded by two or more persons and must be officially notarized.

Special Case of Cohabitation: Will Strongly Recommended

In the case of cohabiting couples, inheritance law does not recognize any beneficiaries. If a partner dies without a will or a contract of inheritance having been drawn up, the surviving partner is left empty-handed. It is strongly recommended to have such matters settled by a will.

Appoint an Executor of the Will

Appoint an executor of your will - this is especially important in the case of a complex asset situation or a widespread family. Besides the spouse, trustees, lawyers or banks with close relations to the family are frequently assigned the function of executor of the will.

Attend to the transfer of your assets in peace and in good time. In that way, you ensure that everything is carried out in accordance with your wishes later on. Consult a specialist (lawyer, notary, fiduciary) or contact us .  

Step 2: Which Legal Issues Must I Take into Account?  

 

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