Question 1

Who inherits under the law in Switzerland?

Accepted Answer

If there is no will or contract of succession, the spouse, children or parents of the deceased inherit the estate. Depending on the situation, the next of kin are next in line under the Swiss inheritance law, which does not take account of a cohabiting partner who can only benefit from a will or a contract of succession. Find out here, free of charge, who the legal heirs are in your case and what you should set out in a testament. Compulsory portion calculator

Question 2

Who inherits the compulsory portion and what is the divisible portion?

Accepted Answer

If you are married or in a registered partnership, your partner has a legal right to a minimum share of your estate, as do your direct descendants. This share is called the compulsory portion. Everything else is called the divisible portion. This is the share of your estate that you can bequeath to anyone you choose or a charitable organization. Find out, who you owe your compulsory portion to and how much your divisible portion is.

Question 3

What is a succession contract and how is it different from a will?

Accepted Answer

The succession contract is binding and is drawn up by a notary. It can only be amended by a notary and only if all persons involved in the contract agree to the amendment in writing. The succession contract is the safest way to settle an estate and is the only way for you to override the legal compulsory portion, for example, but only if the people concerned sign the amended succession contract. On the other hand, you may add to a will at any time, or even draw up a new one.

Question 4

Who should draw up a will?

Accepted Answer

All persons of legal age who want to determine who is to inherit their estate after their death. A will or succession contract is the only possible way to benefit the cohabiting partner or any other person who is not taken into account in the inheritance law. You can also include a charitable organization, such as the Swiss Red Cross, in a will. You can do this by listing the organization as an heir or bequeathing part of your estate to it. Inheritances and bequests to charities are exempt from inheritance tax in Switzerland.

Question 5

How do I draw up a legally valid will?

Accepted Answer

Your will must be drafted by you yourself from start to finish, by hand in ink (fountain or ballpoint pen). Write the title ‘Will’ or ‘Last will and testament’ at the top. It is essential to date and sign the document. If you would like to amend your will or add to it at a later date, you must not forget to date and sign it again. Write your will clearly and without contradictions. Instead of writing monetary amounts, you can also write percentages. Find out beforehand who is owed a compulsory portion, because wills that violate the compulsory portion criterion are contestable. You can find a sample will and our compulsory portion calculator here. Consult a professional for advice if you are uncertain or order our free advice pack.

Question 6

What belongs in a will?

Accepted Answer

List the heirs. You can name several people or organizations that should inherit your estate. These might include family members, close friends or charitable organizations. List the proportions. It is possible to determine the portions of the estate for the individuals or organizations. Always take account of the people who you will owe a compulsory portion to. For example, someone in a registered partnership might decide that the descendants should receive the compulsory portion and the surviving partner the divisible portion. List legacies and bequests. Bequeath objects, securities or sums of money to specific persons or charities. Disinheritance: Under Swiss succession law, there have to be very serious reasons to disinherit a person who has a right to the compulsory portion of an estate. Consult a specialist for advice.  Imposing conditions: You can set certain conditions or requirements that an heir must fulfil before receiving the inheritance. For example, taking care of a pet or taking over a family business. Executor: This is the person who, under official supervision, implements your will and oversees the distribution of the assets. The person you appoint must be able to do this.

Question 7

What is the difference between the terms inheritance, legacy and bequest?

Accepted Answer

Legacies and bequests are the same thing. An inheritance comprises the entire estate of a deceased person, whereas a legacy is only a part of it.  An inheritance therefore refers to the entire estate and includes the liabilities as well as any debts. A legacy or bequest is a specific sum of money or object of value bequeathed in a will or succession contract. If the legacy or bequest consists of a sum of money, all debts and compulsory portions must be met before it can be paid out. You can leave a legacy to anyone you choose, but also to a charity.

Question 8

How much is inheritance tax in Switzerland?

Accepted Answer

A charitable organization like the SRC is exempt from inheritance tax in Switzerland. Otherwise, the tax rates and the exemption limits for inheritance tax are regulated differently from canton to canton. This also applies to gift tax. If your spouse or direct descendants are the recipients, they are generally exempt from inheritance tax and gift tax. However, cohabiting couples in particular should definitely clarify the tax rate in their canton of residence for estate planning purposes.

Question 9

Can I bequeath my real estate or valuable possessions to the SRC?

Accepted Answer

Yes, that is possible. You can appoint the SRC as your heir or make a bequest (legacy). Please contact us if you have any questions about this.

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Including Swiss Red Cross in your will

Eveline Betz has included the SRC in her will. She explains why.

How can you leave something to the SRC?

Legacy

Inheritance

Gift

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