Questions about estate planning? We ensure clarity.

Without a will or contract of succession, the legal succession applies. The legal heirs are the immediate relatives and the surviving spouse or registered partner. If there are descendants (children, grandchildren), the spouse inherits half of the estate, the other half is shared equally by the descendants.

If there are no descendants but there are still parents or their descendants (siblings), the spouse receives three quarters of the estate and a quarter falls to the second parent. If these are also missing, the spouse inherits the entire estate. If there is no spouse or registered partner, the descendants will inherit the entire estate in equal shares, if there are no descendants, the parents will each inherit half or their descendants, and if they are missing, they will also inherit the grandparents and their descendants.

If none of the named heirs exist, the estate falls to the community. It is important to note that unmarried partners (cohabitation) or stepchildren do not automatically inherit.

We would be happy to analyse your succession and help you optimize it through a will or inheritance contract.

According to revised inheritance law, only the descendants and the spouse or registered partner are entitled to compulsory shares. The compulsory share of descendants is half of their legal inheritance claim. The same applies to the spouse or registered partner, whose compulsory share also accounts for half of the legal share of the inheritance. In particular, the testator's parents, as well as siblings, grandparents and other relatives, are no longer entitled to compulsory shares.

Descendants are heirs entitled to compulsory shares and can therefore not be freely disinherited. Complete disinheritance of offspring is only possible in very limited exceptional cases. The law allows disinheritance in particular if a descendant has committed a serious crime against the testator or a person close to him or has seriously breached his family law obligations. Disinheritance of up to half of the compulsory share is also possible if a descendant has loss certificates. However, it is a prerequisite that the testator pays the remainder of the compulsory share to the disinherited person's existing or later born children.
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We will be happy to advise you on your options if you are considering disinheritance or assist you if you have been wrongfully disinherited.

Yes, a will can be unilaterally amended, supplemented or revoked in full at any time as long as the testator is able to make a judgment — in contrast to the inheritance contract, which must in principle be amended by mutual agreement.
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Amendments to a personal will must also be made by hand. Minor changes can be made to the original will. If there are fundamental changes, a new will should be written. Should there be any contradictions, the date is decisive, and the most recently dated regulations apply.

Amendments to wills certified by a notary must be made under the same circumstances as the initial notarization. As a result, amendments must also be notarized.
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We would be happy to assist you with an amendment to your will.

An inheritance contract is particularly worthwhile in the case of company succession, for example, in order to necessarily pay off a specific person or successor with the family business, in the case of patchwork families for fair distribution among children from various relationships, or when spouses should appoint each other as sole heirs and children should waive compulsory shares. It is also suitable for inheritance purchase (payment of a child against waiver).
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Because unlike a will, it is fundamentally irrevocable and can only be modified with the consent of all parties.
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We would be happy to advise you on the possibility and drafting of a possible inheritance contract and carry out the notarization.

In accordance with the law, the latest decree always applies. A new final decision therefore in principle constitutes a revocation, unless it is simply an amendment. The Old Testament thus loses its effectiveness and the provisions of the New Testament apply in full.

When making changes to the will, it must therefore be ensured that it is clear whether it is simply an addition or a new final will.

Yes, because a testator is generally free to dispose of his assets during his lifetime. However, donations made during your lifetime are considered as follows:

The descendants must reconcile everything that they have received from the testator during their lifetime as marriage property, equipment or as a result of assignment of assets or debt forgiveness from the testator (e.g. inheritance payments of sums of money, objects, land, etc.). However, the testator can expressly exempt his descendants from this compensation obligation, which results in an advantage over the other co-heirs. However, in the case of such benefits, the rules on the reduction only apply. The remaining legal heirs are only required to reconcile those assets which they have received from the testator with the express requirement to settle.

The calculation of the compulsory share also includes contributions to descendants who have been exempted from the compensation obligation and donations made by the testator within the last five years before his death. In the event of a breach of compulsory share due to donations, action can be taken against it by means of a reduction action.

If you are planning a major donation, we will be happy to advise you to prevent subsequent inheritance law conflicts. We will also check for you or represent you if you believe that a major donation in the past has violated your compulsory share in the event of inheritance.