All the more reason not to pay off the mortgage!
Thanks, that makes quite a difference - I could imagine being happy and possibly able to give them 12.5% of the net value of the house each.
Well, yes. If the house is owned by both spouses them the kids collectively get half of half.
You could ask them to renounce their intetset in the house and not the whole inheritance.
No need to, unless the other assets are less than their share of the value of the house (less the outstanding mortgage).
Tom
Not until they're 18.
But anyway I realised my calculations are wrong - it's 25% of half the house, so only 12.5% total .
No. It's not required. It's an option.
Exactly. Half of half of half each.
They can't really make the parent sell the house before 18 either.
Anyway, important things to think about.
Actually if you strike them out in the will and they contest it, they are entitled to the monetary value. They will not get a share in the house ownership.
But check that with a third party. Because I made a mistake. Kids do not get 50% Pflichtteil, they actually get 75%! Which means 37.5% of the estate.
Art. 471 Civil Code https://www.admin.ch/opc/de/classifi...ndex.html#a471
Did not check the source and may have looked at German law Sorry.
I think it's late.... Check again tomorrow.
471 is the "reserve". 462 says the spouse splits 50% with the kids.
But it's also too late for me to be reading laws in French.
462 is the default when there is no will.
When there is a will and they are left out they can request, if they are unhappy that they were left out, up to 75% of that 50%
My swiss father died in 2018 his will stated that he wanted to leave everything, money and property (in his name only) to my stepmum in Usufruct.
He requested by a pacte successoral that we ( my sibling and I, his biological children) wait until she died to inherit a 3rd of the estate along with my stepbrother ( my step mum’s son not my dad’s) We agreed to his wishes.
I am swiss my but have not lived in Switzerland since I was a child and have no idea about Swiss law. Could my step mum, who has the same pacte successsoral attached to her Will, change her mind and her Will effectively leaving us with no inheritance?
There is also a property that belonged to my grand parents and supposedly has passed to our ownership via my dad. This was said to be becuse it was a ‘family’ house, is this a thing?
It is still in his name ownership has not been legally changed to min and my siblings names in the 8 years since his death.
We received nothing from my dad’s solicitor to state that we own the property. We also never received a certificate d’heritage after his death. Is this illegal? should we have received a Certificate? Would the certificate state that we are legal owners?
There is a mortgae on the property. My stepmother extended the mortgage a few years after my dad’s death. Was this illegal as we were not informed?
All a bit confused Swiss inheritance laws are pretty complicated
Which C/Kanton?
AFAIK the three of you form what’s called an Erbgemeinschaft, each having veto power over all decisions. Absent adoption and testament your stepbrother isn’t part of it.
That means your stepmother can’t lawfully sell the house.
However unless you make your will known she can claim to have acted in good faith, assuming her actions are reasonable. The same applies to the other property.
It’s time to at least contact the “notar” who handled the inheritance and make your claims and will known. And lawyer up if necessary.
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Without dismissing the wonderful advice given on this forum … IMNSHO just get a serious lawyer, ideally one in the legal jurisdiction where your father legally bequeathed.
Honestly don’t quite understand why this is even a question, but here you go: Goofy’s paralegal advice for free.
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Jura
For Jura
Legal heirs and their shares (since 2023 revision):
• Children inherit first; if there’s a surviving spouse plus children, the spouse gets ¼ and children share ¾
• Compulsory portions protect children and spouses: they must receive at least ½ of their legal share (you can’t fully disinherit them)
• Parents no longer have compulsory portions (this changed in 2023)
Key points:
• You can write a will to designate the “disposable portion” (the part not protected by compulsory shares)
• A notary in Delémont can draft wills or inheritance contracts and handle real estate formalities in Jura
• Inheritance tax in Jura: spouses and children are typically exempt; other relatives pay around 16%
If you are abroad: Swiss assets (especially real estate in Jura) are governed by Swiss law, regardless of where they live. The location of the asset determines which country’s inheritance law applies.
For specific cases (mixed nationalities, real estate vs. cash, wills written abroad), a Swiss notary or estate lawyer should review the situation to ensure the will is valid under Swiss law.
Seek advice from a Jura notary. Will cost you a bit but will save you a lot of angst.
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Very thank you. Thats very helpful