not from bona fide buyers who've paid. He can uner dertain circumstances go after people who've received gifts / donations ( Arts. 522 s. Code Civil ).
Went to bed a bit confused, as our solicitor had been adamant that thanks to the 'pacte successoral' properly and duly drawn-up according to the Law, 100% of our 'estate' would go to surviving spouse, then on the demise of the second, would go to the children in equal parts.
Suddenly remembered that this is indeed the case, as this is what happened when my parents died, as they'd also done a 'pacte'. My mum died first and the estate went 100% to my dad- and when he died, my brothers and I inherited the little that was left (as most had gone to pay OAP home- 2 years for mum, 1 year for dad). So it does work.
Of course we didn't challenge it as it was their wishes and their assets. Our children and grand-children will get their share when we are both gone- and they are very happy with that. Our solicitor said as they live in the UK there was no need to get them to sign. We are totally confident they will not challenge this.
Sorry to be blunt, but that is a rather outrageous stance to take. The inheritance is governed by Swiss law since you are both Swiss. The childrens' nationality, or their residence, or their domicile, don't enter into it. And it's not like they're living in Samoa - it is fairly easy to start proceedings in CH from the UK.
Is your "solicitor" also a notaire , because (and I know I'm being repetetive and obnoxious and I apologise for that) it is really a good idea to see one in all matters inheritance.
Yes he is a very experienced notaire from a reputable firm- a friend, and handled my parents affairs too. No problem with being repetitive or even blunt- it is too important a matter. I will check with him - just to make sure. Thank you.
Following up on Tom's comment. You know the origin of ASSUME?. Well it makes "an ass of you and me". Frankly, I find that your notaire is being very cavalier with such an important document. The Swiss law/jurisprudence wants them to sign (notarized) for things to be done CORRECTLY. This document is 100% and will stand up to any challenges.
I suggest that if this document is important to you (which it seems) that you get the children to sign (they can do this in UK, I believe - just get it notarized there). If not, you leave open the option for them to come back and say they were not party to the agreement so they want their share. By then you are SOL.
Our children, two of whom are UK residents, attended the meeting with the Notary who made quite sure that they understood what rights they were signing away.
If the children don’t do this I can’t see that the document has any worth.
Tom's thread hits the nail squarely on the head. You are Swiss, and Swiss law will be applied no matter how many "papers" are signed. I would suggest that you seek a second legal opinion. Alternatively, renounce your Swiss citizenship, and make a Will according to English Law. A bit over the top you may think, but this is the only way to dispose of your Estate according to your wishes, as opposed to having Swiss jurisprudence imposed upon you.
It works. There are three different mariage estate models in Switzerland.
Sorry German terms.
1) Errungenschaftsbeteiligung (Status quo, if no marriage contract is setup)
Three estates. Eachs partner own private estate (everything he/she owned pre mariage, and everythinh he/she inherited). And a combined estate, everything they earned during marriage,
2) Guettergemeinschaft
Only one estate.
3) Guettertrennung.
Two totally seperate estates.
In the first case, the couple can freely agree, with a inheritance contract, about their combined estate and what should happen in case of the death of one partner, save for children where only one of the partner is a parent Swiss Civil Code Art. 216 . Normally they will assign everything to the surviving partner as the OP did. The personal estate is covered by the inheritance law Swiss Civil Code, Part III, Inheritance Law , and a minimum allowance has to go to any existing children. So, if the OPs real estates are considered as part of the combined estate they can freely setup what they want, as long as no children at all, or only children where both of the partners are parents.
PS: an other option is to have a clause in the Grundbuch that each partner can live forever in the hoeus.
That only works if the matrimonial regime is governed by Swiss law, and if the house is part of the Errungenschaft. If one of the spouses had inherited the house from his/her parents, it would be part of the personal estate. Also, the contract that you mention would have to be an "Ehevertrag" / "Contrat de mariage", OP mentioned an inheritance contract / pacte successoral / Erbvertrag.
Well that's the life estate / usufruit / Niessbrauch. Not quite what OP wants, because the surviving spouse cannot sell without the consent of the co-owner (i.e. the kids).
Do the swiss inheritance laws only apply to Swiss citizens or does it also apply to American citizens who are working in switzerland who also happen to own property in Switzerland? My spouse is not Swiss, but has 2 kids from a previous marriage who happen to be swiss citizens, would they be able to lay claim to our property through the swiss inheritance rules? Or would the US inheritance law apply since we are American?