It's not that easy, but defending oneself requires being proactive. Generally, avoidance happens in two ways: through direct violation of succession rules (though in Swiss and German law, forced heirs are only entitled to a portion of net assets rather than guaranteed heir status), or through choosing a different country's law. In both cases, the situations are endless and require particularly thorough examination to determine the legality and enforceability of such rules.
SUCCESSION
Related questions
Succession
What costs are involved in settling an estate?
The costs depend on the nature and complexity of the settlement. In an amicable partition, you can expect legal fees for drafting the agreement and notary fees if real estate is involved. If a judicial partition is required, court filing fees and potentially expert valuation costs will also apply. Our firm provides transparent fee estimates at the outset so you can make informed decisions about how to proceed.
Succession
Can an estate be settled without going to court in Switzerland?
Yes, and this is in fact the most common and recommended approach. When all heirs agree on how to divide the estate, they can sign a private partition agreement that settles everything without court involvement. A notary is only required when real estate transfers are part of the settlement. Court proceedings become necessary only when one or more heirs refuse to cooperate or when fundamental disagreements cannot be resolved through negotiation.
Succession
How are real estate and other assets valued during estate settlement?
In an amicable settlement, the heirs are free to agree on the value of each asset. When they cannot reach an agreement, or when court proceedings are involved, the fair market value applies. For real estate, this typically requires an independent appraisal. Bank accounts, securities, and business interests are valued according to established methods. Proper valuation is critical, as it directly affects the size of each heir's share.
Succession
What happens if one heir refuses to sign the partition agreement?
If an heir refuses to cooperate, the estate cannot remain in limbo indefinitely. Swiss law allows any co-heir to file an action for partition before the competent court. The judge will then determine how the assets should be divided, taking into account the legal shares, any testamentary provisions, and the specific circumstances of the case. The refusing heir will be bound by the court's decision.