Inheritance Law and Estate Planning

You have the right to pass on value.

Carefully considered estate planning ensures that your wishes are respected and that your assets are transferred in accordance with your intentions. The law of succession governs the transfer of assets and rights upon death. We provide comprehensive support in estate planning, wills and contracts of succession, as well as in the division of the estate and disputes between heirs. Our aim is to establish clear, fair, and tax-optimised arrangements that prevent conflict and provide legal certainty. We assist you with legal expertise and great sensitivity in this delicate area of life.

Expertise in Inheritance Law

  • Wills, contracts of succession, and formal requirements
  • Estate planning and advance planning
  • Statutory entitlements and the proportional right to an inheritance
  • Divisions of estate and community of heirs
  • Execution of wills (executorship)
  • Inheritance disputes and mediation
  • Gifts and advances against a person’s share of an inheritance
  • International inheritance cases
  • Estate inventory and contracts dividing an estate
  • Inheritance tax and estate tax

Team

You have the right to advice.

FAQ

Practical Issues in Inheritance Law and Estate Planning

When is a will valid?

A will must comply with the statutory formal requirements in order to be valid. It may be handwritten, dated and signed, or executed in the form of a public deed. The attorneys of schochauer ag also act as notaries public and execute public deeds.

How can I take claims concerning the statutory entitlement into account?

The statutory entitlements guarantee close relatives (e.g., children and spouses) a minimum portion of the estate. The forced share is smaller than the statutory succession rights. If you intend to leave an heir no more than their statutory entitlement, a will or inheritance agreement is mandatory. Through prudent drafting of a will or inheritance agreement, it is possible to make use of available leeway without violating the law.

What happens if no will exists?

In this case, the law on intestate succession applies: spouses and children inherit first, followed by further relatives. If you wish to leave assets to other close individuals – for example a partner or godchild – you must regulate this in a will or inheritance agreement. We clearly present to you the applicable intestate succession and the permissible structuring options.

How can inheritance disputes be avoided?

Clear arrangements, transparent communication, and, where appropriate, the appointment of an executor can often prevent disputes among heirs. We help create solutions that significantly reduce the potential for conflict.

Which tax aspects need to be considered?

Inheritance and gift taxes are regulated at the cantonal level, which means that differences exist within Switzerland. If there is a cross-border element, foreign law, international treaties and bilateral agreements must also be taken into account. Early planning and professional advice often allow for substantial tax savings.