Estate planning
Work out what you want early on
You should already take steps to ensure your wealth is passed on in a way you think is best. And you should make sure that your wishes are still respected even if you can no longer express them yourself.
This means making important decisions in good time and taking the necessary steps to divide your inheritance, create a will or inheritance agreement, put in place a power of attorney, determine successors in your company and if required, appoint a suitable executor.
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How should I organise my estate?
Swiss law stipulates who gets what share of an inheritance if no other agreements are in place. Often this is not in line with the wishes of the deceased, because then their spouse or another close friend or relative could potentially get less than intended. It is possible to change the legal order of succession to a certain degree by making testamentary arrangements. The most common way of doing so is via a will.
How do I make sure I leave as much as possible to my partner?
If married or cohabiting couples do not make any arrangements prior to their death, they risk the surviving partner falling into financial difficulties. By putting in place a will or inheritance agreement, they can ensure that their life partner will at least get some of their estate. Even if no special instructions are given, married people are still entitled to some of their deceased spouse’s assets. In many cases, this statutory amount is not enough, however.
How can I protect my heirs from high taxes?
Spouses and in most cantons, children are exempt from inheritance tax. However, stepchildren, cohabiting partners, parents, siblings and unrelated people almost always have to hand over some tax – and in some cases, a lot of it.If you want to protect your heirs from high taxes, you can change your place of residence or in some cantons, you can split up an inheritance into multiple advance inheritances, for example. Or if you do not want to pass on your assets during your lifetime, you can grant an usufruct to someone.
What must I take into account with advance legacies?
Something that many people in Switzerland fail to consider is that an advance inheritance can become problematic if it could threaten their financial independence. That is why it is a good idea to put together a solid income plan beforehand. This will show whether your assets will be enough to ensure the required level of income into your old age after deducting any gifts.
Blended families: How do the right people inherit assets at the right time?
Swiss inheritance law is based on a traditional family arrangement. The surviving spouse and the biological children are the main heirs. While adopted children and registered partners have a legal entitlement to the inheritance, stepchildren and foster children as well as life partners only receive anything from the inheritance if they are named in the will. By naming your partner a "reversionary heir", you can ensure that after their death, your assets will be transferred back into your own family.
How do I have my estate administered?
It can be a good idea to appoint an executor in your will or inheritance agreement. Executors are trusted third parties who enforce the wishes of the testator after their death. They perform administrative tasks, prepare the distribution of the estate and assist the heirs in settling the estate. Appointing an executor is especially helpful if there are many heirs and there is a risk of disputes arising among them. It also makes sense for blended families and when dividing properties or companies.
What do I need to know about powers of attorney?
You can set up a power of attorney to specify a legal representative, who looks after your money if, for example, you become so ill that you can no longer make your own decisions. As is the case for a will, a power of attorney must be personally written, dated and signed, or you can have it publicly notarised. Married couples should also set up a power of attorney. This means that a spouse can make important decisions above and beyond those related to maintenance requirements and how to manage income and assets without approval from the relevant Child and Adult Protection Authority.
I have inherited some money – what should I do?
A larger inheritance changes a person’s whole financial situation, because it is often the case that the inheritance is not simply a cash amount, but also a house, securities portfolio, stakes in a company or other items that do not usually fit with the person’s previous financial strategy. You should therefore check whether your assets following the inheritance are still spread across safe and profitable investments in line with your risk tolerance and risk capacity. If necessary, you should then adjust your investment strategy and optimise your tax situation.
What can a community of heirs do in case of disagreement?
The longer an inheritance is not divided, the more complex the settlement becomes. For example, if a member of the community of heirs dies, their share passes to their heirs. Over time, the number of co-heirs increases and their interests may become even less aligned. Therefore, communities of heirs should make every effort to divide the in-heritance as quickly as possible. A profes-sional representative of heirs can help as an impartial expert to find a solution that is acceptable to all heirs.
What should I look out for when setting up my own foundation?
A foundation can be established either while you are still alive or in a will or inheritance agreement. Many founders set up their foundations while they are still alive and endow it with the minimum amount of CHF 50,000. They then top up the foundation’s capital each year. This allows them to shape their foundation over the long term and monitor it to ensure that everything is done in line with their wishes.
LGBT: How do I make sure I leave as much as possible to my same-sex partner?
With a will or inheritance agreement, cohabiting couples can ensure that at least some of their assets and, depending on their arrangement, even all of their assets can be left to their partner. However, this will incur inheritance taxes, which can be very high. This can avoided by entering into a registered partnership. At the same time, registered partners have greater financial security if something happens to them or their partner.