Thank you
If a minor inherits cash, in Switzerland and cash is transferred to parent‘s, does the parent have the legal right to spend the money?
I ́d say no as it is not their cash. It belongs to the child and a parent does not automatically have a right to it.
Yes, exactly. The principle is that the parent has the duty to protect the child's rights. This applies in general, and therefore also to protecting the child's rights over the money that belongs to the child, not to the parent.
If it's for the child's benefit, yes.
Tom
If the parent spends it on something which benefits the child then yes they can legally spend it. If they spend the money on themselves then it would wrong as the money legally belongs to the child.
It is outlined here [DE] https://www.profamilia.ch/familien/f…indesvermoegen
It should be transferred to a specific account in the child's name anyhow, and kept totally separate.
For the 'child's' benefit is a bit vague... if you buy a new Porsche you could argue the child will enjoy riding in it. If you buy a house, it could be argued the child will enjoy living in it and have own larger bedroom? A holiday? etc, etc. So what are the exact guidelines, I wonder.
Three rules:
- the principal amount should not be touched:
- parents can use earnings (dividends, etc.) for for the child’s maintenance, upbringing and education and, where equitable, also for the requirements of the household https://www.fedlex.admin.ch/eli/cc/2…233/en#art_319
- if gift was given as an interest-bearing investments or savings then parents are also not entitled to touch the earninges https://www.fedlex.admin.ch/eli/cc/2…233/en#art_321
We were told by a notary that since we weren't married, if one of us passed, the other could use our child's inheritance for covering basic needs, such as rent.
Thank you, everybody. Your answer do make sense and correspond to common sense. I wanted to be sure if there is such a law in Switzerland.
does that include charging the child rent and board?