SUCCESSION
You wish to understand your rights as heir
Navigating cross-border inheritance laws can be overwhelming and time-sensitive. Our experienced team helps you understand your rights as an heir, avoid costly mistakes, and ensure your interests are protected across multiple jurisdictions.
In recent years, heirs have faced increasing challenges due to the complex web of inheritance laws across European countries. Determining which law applies to matrimonial property and inheritance matters has become more difficult, stressful, and potentially contentious—with far-reaching consequences.
Here's a common scenario: Country A might apply Country B's laws to matrimonial property division because the marriage took place there. Meanwhile, Country C could claim jurisdiction over the same property and apply its own laws because the deceased lived there at death. Though this situation seems absurd, it can be resolved through careful analysis of each legal aspect.
We make this process easier by breaking down the complexity and clearly explaining the criteria that will determine how assets are divided.
Frequently Asked Questions
What are the rules regarding forced heirship?
The rules underwent a drastic change with the new inheritance law that came into force in January 2023. The forced heirship portion is now reduced to half of the statutory share for children and spouse. The parents' forced heirship has been eliminated.
With this clarification, Swiss law does not automatically invalidate a will in case of violation of forced heirship rules. Proper legal advice can in practice give you good chances of significantly increasing your room for maneuver.
Are there time limits for taking action as an heir?
There are several stages and each has its own deadline (there are one-month, three-month, one-year, five-year deadlines, etc.), or sometimes no deadline at all.
The main problem to manage in a complex inheritance situation is time. We invite you to consult us very quickly to first understand the deadlines, then define the strategy.
Can one freely circumvent forced heirship rules?
It's not that easy, but defending oneself requires being proactive.
Generally, avoidance happens in two ways: some arrangements made during the deceased's lifetime (gifts, trusts, life insurance, etc.) and the will itself. The will can give more or less room depending on how it is drafted, and it is possible to contest certain dispositions. We can guide you through this process.
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★★★★★We often think a lawyer is there to manage cases. But this firm does much more than that: it saves people. When I arrived at Kulik Hottelier, I was exhausted, overwhelmed, lost. I didn't know where to turn anymore, and I felt like everything was against me. Yet, from the very first meeting, something changed: I found hope again. Here, you're not just a name on a file. You are heard, understood, respected, and defended with impressive determination. The follow-up is constant, responses are quick, exchanges are clear and transparent. You always know where you're going, without surprises and with confidence. Kulik Hottelier is: • exceptional legal expertise • a thoughtful, intelligent, and effective strategy • clear and honest communication at every step • and above all, a rare humanity in this profession What struck me the most? Their ability to fight without ever getting drawn into unnecessary conflicts. A firm, brilliant, and incredibly precise defense, always results-oriented, never ego-driven. In moments when I doubted, they were my pillar. In moments when I was afraid, they were my assurance. And at the decisive moment, they were the force that made all the difference. Today, I am finally turning the page. And I know that without their work, their support, and their excellence, none of this would have been possible. If you're looking for a firm that combines brains, heart, courage, and transparency, don't waste time: contact them. There are professionals… and then there are lawyers who truly change a life. This firm belongs to the second category. Thank you to Maître Sevig, Maître Hottelier, and all your teams who work behind the scenes. Your work will remain engraved in my story.
★★★★★I can only recommend this team who greatly helped me! Through their professionalism, attentiveness and good advice, but also through their flexibility and very human approach. Thank you to them!
FAQ
Frequently Asked Questions
Are there time limits for taking action as an heir?
There are several stages and each has its own deadline (there are one-month, three-month, one-year, five-year deadlines, etc.), or sometimes no deadline at all. The main problem to manage in a complex inheritance situation is time. We invite you to consult us very quickly to first understand the deadlines, then define the strategy.
Learn more Can one freely circumvent forced heirship rules?
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.
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Inheritance in Switzerland: A Guide for International Families
Wills, forced heirship, cross-border estates — a clear guide to protecting your family's legacy under Swiss inheritance law.
By Damien Hottelier
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