tens of billions a year are inherited in Switzerland. According to estimates by the office for labour and social policy studies Bass AG the total assets of the Estate amounted to in the year 2015, approximately 63 billion Swiss francs. The amount of the inheritance varies greatly: In about one-sixth of the estate is the case, there are according to Bass for at least a Million Swiss francs. The funds would inherited per case, 170'000 Swiss francs.
right to information
inheritance in the family occurs often, not smoothly. It has given offspring previously, tension can break after the death of the parents:
for example, by heirs try other descendants short to keep, you information to deny and not disclose what you have received already during his lifetime. The heirs are obliged to inform each other about everything that could affect the distribution of the estate, said lawyer Gabrielle Sigg from the VZ wealth center. If this does not work would have the heirs nevertheless, in order to enforce their rights. The initial situation varies from Canton to Canton. The following are the most important tools.
tax information: In some cantons the authorities to take after a death automatically an inventory. Of all the existing assets are recognized. "This gives heirs a first Overview, and you will receive a certain amount of hedging," says Berner, attorney-at-law and notary Simone Mülchi.
Mandatory inventories are about in Basel-city. Also in the Canton of Bern, the municipalities create a death case, a sealing Protocol. "It shows that the discount is greater than 100'000 Swiss francs, a notary public in the control inventory," says Mülchi.
Otherwise, it runs in the Canton of zürich: Since the heirs are obliged, by the time of death of the last tax Declaration of the deceased to submit. A mandatory inventory is not provided. The heirs can, however, request one. This is useful, for example, if it is not clear whether the Inheritance is overindebted, and you don't know whether to accept it.
certificate: From the control data, the heirs to not only learn what's in the time of the death of a Person to assets, but also to find where this is, says lawyer Oliver Arter of the law firm of Froriep. The heirs have the suspicion that the information is not complete, you could even do that in the case of banks, Investigations. A certificate of inheritance according to Arter is essential.
claim to have the in the will listed heirs. If no will exists, then the competent authority determines the legal heirs and issue a heritage certificate. The names of all the heirs, and heirs are listed, but not what's coming to them.
A certificate of inheritance, the cost In Basel-Stadt and a maximum of 300 francs. In Bern, up to 500 francs; in the case of a very extensive heritage of determination, it can be significantly more expensive. In Zurich, a certificate of inheritance costs at high capacity up to 7000 francs.
Contentious Testament: a child in the will of the parents See in his duty to the part injured, it could collect after the probate appeal and within one year of the court, says attorney-at-law Simone Mülchi. "Until the issue is resolved or the time limit for Action has expired, gets none of the heirs a certificate of inheritance."
Research: With a certificate of inheritance can says each heir, each heir to banks, other financial institutions and authorities, and comprehensive information collection, lawyer Oliver Arter. On request, the banks would need up to ten years, not only on existing but also on the accounts solved as well as about transactions and their recipients.
can, However, withdraw a single Person without the other makes no money of Bank accounts. Heirs can only be shared via Inheritance. "A heritage of the feels at a disadvantage, thus quasi a blocking minority," says law of inheritance expert Gabrielle Sigg. So that he could exert pressure on the siblings, to get around, from them information of any Erbvorbezüge. "This shows that mere obstruction is not helping more brothers and sisters."
Erbvorbezüge: Have descendants get during the lifetime of the parents, larger assets, you need to compensate for such Advances at the division of the estate to the siblings. The parents can free the donee child last will and Testament of the adjustment, the duty of the other to stay protected.
children who have acquired from parents, a property, you need to back out at the Request of the siblings in the division of the estate the contract of sale. With the help of experts can also be used retrospectively to find out whether the then sale price corresponded to the value of the house.
it Shows that the parents have left the house to your child, much too cheap, would have to prove to the siblings that the parents have done this deliberately. Only then you could claim compensation, says Gabrielle Sigg from the VZ wealth center. This was confirmed by the Federal court in a new ruling.
Human, not legally
not Succeeds an heir, in spite of comprehensive information as to claims to enforce their rights, he can call on the assistance of a lawyer or a lawyer for assistance.
The Hardest part of the heirs of notary Simone Mülchi see not legal, but human. "Some of the heirs, it is difficult to accept that they were at a disadvantage compared to a sibling." After the death of the parents you could discuss this and learn why the parents have so acted.
Created: 05.05.2019, 18:59 PM