Expertise

You want to understand your rights as heir(s).

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 textthrough 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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