This had to be drawn up by our solicitor and signed by both of us with 2 official witnesses. This now ensures that all our assets, including our house here and flat in the UK - will be inherited in full by the surviving spouse. Normally under Swiss Law children share 50% of the assets equally- unless this 'official pact' is done. Elsewhere on the Forum, this has been challenged as impossible, so starting new thread in order to highjack another. I shall phone our solicitor to make absolutely sure. In the meantime, does anybody here have any experience or professional of this. Thanks.
When we came here from the UK and bought our house (me dual Swiss/Brit OH Brit but since then dual Swiss/Brit) we were advised by our solicitor here to make a 'acte successoral' or 'inheritance contract'. No idea about the German or Italian term.
Well, as you are both duals, I would expect the Swiss to treat you both as "Swiss", which was the case when my wife died (she, CH/CD, me CH/US), and Swiss rules would apply.
Meanwhile, we are dealing with the situation of my girlfriend's sister (who is Swiss) and is married to a (xxxxx, I'd rather not specify) who she wishes to divorce (marriage of convenience, 15 years ago, never consumated), but can't be located! Seems he is hoping she will die before the divorce (really, not making this up!), so that he can inherit!
Tom
The info I gave on the other thread about the property in CH was in Verbier VS. It's a non working B holder who has not (yet) left the UK as far as the UK revenue are concerned.
The restriction only applied to the house not bank accounts etc in CH.
There was no way to exclude the children, taking out a huge mortgage fixed the 'problem'
Different canton, I am sure your solicitor will know the exact situation in your case.
Swiss rules would apply UNLESS we have had a proper 'pacte successoral' drawn up professionally, signed by both of us and properly witnessed. This is what was clearly explained to us- and that, having done so- all 100% of all inheritance will go to surviving spouse. WITHOUT such a pact/contract, normal 50/50% would apply. Neither of us can change that 'pact' without the approval of the other- and this can only be done by a solicitor, signed by both parties and properly witnessed.
My BIL wrote out a will and in it he requested that his mother voluntarily give up her rights. They had no children. Thankfully he out lived his mother. But this might an option to look into as well.
As for the succession to the surviving spouse, I think this only delays the regular inheritance rules until the surviving spouse passes. Is that not so in your case, Odile?
Do you have some references for this?
If anything, my fiancee and I would like to do the opposite, i.e. that the part of each goes to the children of each.
Thanks,
Tom
The answer is not quite clear cut, since OP and OH are dual citizens.
Check this:
http://www.admin.ch/ch/d/sr/291/a90.html
and this:
http://www.admin.ch/ch/d/sr/291/a95.html
and check with an inheritance lawyer. PM me for suggestions.
Again, please do speak to a notaire (if you're in Jura, the pacte successoral should have be signed before a notary). Your problem is Art. 90 of the Federal International Private Law Act whereby
i.e. if you are Swiss and live in Switzerland, you cannot opt out
MiniMia, of course- When surviving spouse dies, our children will inherit in equal parts. But that mean that said surviving spouse does not have to sell house and move to give children 50% of assets.
Plenty of advice re 'successoral pact' on Internet/Google- however not sure what the term is in German or Italian. But your solicitor should know all about it. Not sure if being married or not makes a difference (CH being a bit (!) old-fashioned on that front.
Tom, according to our solicitor, we cannot avoid Swiss inheritance laws as we are now both Swiss and our papers and taxes are here in CH. However, a Pacte Successoral is fully legal in CH, providing it is drawn up properly and in due form by a solicitor in CH, signed by both and witnessed. This way we can ensure all 100% go to surviving spouse. This is not opting out of Swiss inheritance laws, it is legally and properly changing the 'normal' form of inheritance.
Thanks, this is exactly what I have learned as well.
Tom
Thanks, I will have to check into this. But as I said, would would like to do the contrary (our own kids get out own stuff).
Tom
My understanding of this inheritance contract seems to indicate that should be possible Tom - but only a good solicitor can advise. In any case, both of you would have to agree- and once contract drawn up, neither party can change it without the other's consent - so can be unwise in some cases. For instance if I left my OH and had a new relationship - my OH would still inherit 100% and there would be nothing I could do about it. As we've been together for 41 years, this will hopefully not happen, or vice versa
For the sake of clarification, you each have your "own" children (i.e. not related/adopted by the other), and you are not "planning" on having "common" children...
With appropriate drafting of the wills (or inheritance contract) you can either favor your OH or your children (albeit within limits of the mandatory inheritance portions).
Our concern is more that, unless we adopt each other's kids, the kids of the surviving spouse get more than than the kids of the non-surviving spouse.
Tom
You can also regulate matters by each partner making a will (but these can later be changed unilaterally)...
Yes, but you cannot equalise it, i.e. 1/4 is up for grabs, the rest follows the rules.
Tom
This sounds very familiar but with a slight twist to the advice we were given in the past two weeks. We were told living in Zurich and our circumstances it was best to have a "marriage contract" drawn up rather than an inheritance contract and in it explain the assets that were built up over the period of the marriage , which in our case was most of what we own, could be given over to the surviving spouse rather than split 50/50 with spouse/children, which would naturally happen without such a contract. As stated this contract has to be drawn up and signed in front of the notary. This was a bit of an eye opener to us having been here 3 years. This clearly avoids any risk of children deciding that a round the world snowboarding trip is a much better investment than a roof over an ageing parent's head
we were also then clearly advised that to create a will we just have to hand write an expression of wishes, as on the death of the second partner the wealth would naturally flow to our children. The children it seems are expected to carry out such wishes but could feasibly choose to not enact them. To make it legally enforceable another "inheritance contract" needed to be set up. All in all it quite logical. Currently waiting to sign said marriage contract and no doubt receive eye watering pink slip in the post.
The pacte successoral is one of the options under Swiss law to determine what should happen after one's death ( mode de disposer ). It does not alter the reserved quotas, hence Art. 481 Code Civil:
So unless your children have renounced their heritage (which they can do if they - the children - sign a pacte successoral , Art. 495 Code civil), the pacte successoral in itself is of no use against the rights of dependents and/or spouses (and parents!) under Swiss inheritance law.
I'm not really sure what your question is. Under Swiss law you certainely have the right to conclude an inheritance contract with your spouse. But this contract can be challenged in court by your child/children if it violates their succession rights, in particular their claim to a legal portion constituting 3/8 of all the assets.
It also depends on where you die. If you died in Britain then your pact would be legal, but I am fairly sure that if you die here then the surviving spouse only gets half the assets and all the debts!
There is no point in having a federal law if anyone can cut their relatives out of the estate by signing a document. I believe the document would be legal if all your close relatives agreed and signed up to it as well.
Another way might be to split the property now, apportioning the amounts, with the over-rider they only get their shares when you are both gone to www.englishforum.heaven