Certificate of Inheritance 'Erbschein'

Family, Education, Health and Pets
1
Happy new year!

I haven't written here for quite a while and I'm also not so sure if this is the right section. My apologies if it indeed isn't.

My father passed away in Switzerland back in 1998, he was there on a visit for a few weeks. He was a Swiss citizen but we as a Family moved to the Philippines in late 1997. Meaning, his last residency was in the Philippines. Note that he left no will behind. My dad has had 2 bank accounts at UBS, one with a known amount and the other unknown. However, my mother thinks it is a considerable amount. Consulting the bank a few months ago, a "Erbschein" is requested and we are having quite a hard time obtaining such document here in the Philippines. Is there anyone perhaps that can share a sample or has more information on how to go about this document?

A few more details to our scenario below:

- Father did not leave a will

- He left 4 children incl. myself (2 with last marriage with 1 that has passed away and 2 of previous marriage)

- My mother is alive and resides in the Philippines and so do I

- A "Extrajudicial Settlement of the Estate" document has been created and was rejected by the bank.

That's all I can think of that may be relevant, if you have questions let me know and I'll be glad to try to answer them. Appreciate all the help and feedback.

Many thanks!

2
Hello Phips

Happy New Year.

Sorry to hear of your father's passing.

The bank needs an Erbschein (certificate of heirship, http://www.gerichte-zh.ch/fileadmin/..._Erbschein.pdf ) as proof that you and other people are in fact the lawful heirs. To obtain the certificate of heirship, you must contact the civil court at the last place of residence (in Switzerland) of the deceased ( http://www.gerichte-zh.ch/themen/erb...n-schweiz.html ).

So I’d find out where your father was registered/lived at the time of his death and go on from there.

3
Thank you so much for your valuable inputs Glowjupiter! One question though I'd like to clarify. Do you mean to find out where he was registered last in Switzerland since he moved to the Philippines?

Thanks.

4
yes

5
Yes, since he was a Swiss citizen and died in Switzerland, Swiss law applies.

Since he had no will, 1/2 of his estate will go to his widow, and the rest equally divided among all children, legitimate or not, or their heirs if deceased.

Where to obtain the "Inheritance Certificate" depends on the canton, around here you go to Lugano regardless of the specific town you last resided in (if it was in the Lugano district, of course). Unlike most other documents, this is something that you do NOT get from the Heimatort.

Tom

6
Are you sure about that? Shouldn't it be the country in which he was domiciled?

7
Only for the assets in that country.

For assets in Switzerland, Swiss law applies.

Case in point, my MIL was Swiss and died in Switzerland, but also had assets in Italy. The Italian assets are considered separately from the Swiss assets, and inheritance of those follows Italian law, which is basically the same as Swiss, but are still handled separately (though they do take into consideration the Swiss Inheritance Certificate).

Tom

8
I believe this is only the case if there is no will. My MIL was Swiss and died in Switzerland, but was a resident of another country. Her will spelled out what should happen to her assets, and it was not in accordance with Swiss law as described above.

9
In this case there is no will (stated in the OP).

In my MIL's case, the will was not in accordance with Swiss (and Italian) law, so was only partially accepted, i.e. the will only applied to the part of the estate that was at her discretion (25%).

Tom

10
Also, beware of the date line - 1998 to 2014.

OP, why have you taken so long to query this.

11
Have you contacted the Swiss Embassy/Consulate and asked their advice and help. They are the most likely people to know how to proceed in your case.

Other sources you might try are:

swisscommunity.org which is a site for Swiss people living abroad.

aso.ch which is the Organisation of the Swiss Abroad site

eda.admin.ch/eda/en/home which is the Swiss Foreign Affairs site. Their

helpline, which is, [[email protected]](mailto:[email protected]) might be a place to ask for

advice.

12
Hi Patsycat, that remains a mystery in our Family and I do not want to dwell on that. Unfortunately it is what it is. Does "Verjährung" apply here?

Thanks.

13
I have contacted the Swiss Embassy and they have referred me to EDA.ch as well. The Swiss Foreign Affairs organization have just referred me to their preferred lawyer locally in the Philippines.

14
Using the 'other sides' preferred lawyer

15
Hi Phips. First I think you must understand that an "Erbschein" can only be given once.

If I was you, I would start my search by the "Heimatort" of you and your father. All deaths of Swiss people are noted in the "Town Hall" of their "Heimatort" It is also noted where he died and who made the " Settlement of the Estate"

It is the "Amthaus" of the town where he died, who would have organised the " Settlement of the Estate"

This is a very complicated problem, but not imposible.

I would look for the "Amthaus" in question and then look for a "Notar" in the Kanton where the "Amthaus" is situated. The Notar should be from the same Kanton.

I hope this is of help.

16
???

You can get as many official copies of it as you want (but you have to pay).

Or do you mean that once it's been made and filed, it can't be changed?

Anyway, here is more info.

" Requesting a certificate of inheritance

What is a certificate of inheritance and when do I need one?

The certificate of inheritance provides confirmation of the persons entitled to inherit and is needed in order to dispose of the assets making up the deceased's estate according to the will or by law. Financial institutions will demand a certificate of inheritance before money can be withdrawn from the deceased's accounts. A certificate of inheritance is also required when the deceased's real estate is transferred or sold.

How much does a certificate of inheritance cost?

The fee for issuing a certificate of inheritance varies from case to case. It ranges from several hundred to several thousand francs. It does not include the additional costs of obtaining certificates from register offices or other information in Switzerland and abroad. You can reduce the costs by ordering the minimum number of originals of the certificate of inheritance.

How long does it take for a certificate of inheritance to be issued?

Even in cases where it is easy to establish who the heirs are, it takes 6 to 12 weeks before a certificate of inheritance is issued.

Who can request a certificate of inheritance?

If there is no will or contract of succession: the statutory heirs have the right to request a certificate of inheritance With a will or contract of inheritance:A certificate of inheritance cannot be requested until official confirmation has been granted by the court. The official confirmation will show who is entitled to request the certificate of inheritance.

Where can I get a certificate of inheritance?

Depending on the canton, certificates of inheritance are normally issued by the office responsible for inheritance matters in the relevant commune. (DE: Erbschaftsamt, Teilungsamt/-behörde; FR: service des successions). The district prefecture (Regierungsstatthalteramt) may also be responsible.

In order to obtain a certificate of inheritance, you must

provide a copy of the death certificate (available from the civil register office); prove that you are entitled to inherit (extract from the civil register); prove that you have not disclaimed your inheritance (declaration of acceptance from all statutory and named heirs or proof that the time limit for a disclaimer has expired).

Ordering a certificate of inheritance from the competent authority

Find out where the deceased's last place of residence was."

Tom

17
http://www.theguardian.com/money/201...accounts-money

18
Sounds like that might be a common thing. It's the same with Michigan law in the USA as well.

19
Tom, the "Erbschein" is not just a document, it is a decision of Swiss Law.

20
Just now looking into inheritance myself.

Look here

www.ch.ch