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Matrimonial property and inheritance law: Estate planning

What is estate planning?

Estate planning determines in advance how your assets will be distributed after your death. It minimizes potential conflicts among heirs, establishes your individual wishes, and ensures a fair and tax-optimized allocation. Estate planning is especially important, as roughly CHF 88 billion in assets are inherited or gifted in Switzerland each year, with a growing share of gifts.

Careful estate planning is essential, especially for estates that include real estate or businesses.

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Real estate in an estate

Valuation

Real estate values (e.g., market, tax or productive value) can vary strongly, which may lead to misunderstandings. An independent valuation is of utmost importance.

Shareability

Real estate objects tend to be difficult to share. Possible solutions are a sale, takeover by one heir, or joint use.

Tax aspects

Capital gains tax and inheritance tax can play a key role in estate planning.

Businesses in estate planning

Succession

Determine whether a business is to be managed by heirs or external successors.

Values

Company values (e.g., asset, productive or market value) can vary strongly.

Liquidity

Paying compensation to other heirs can be a financial challenge.

Marital status and estate

Single

Define legal heirs, as no personal wishes will be taken into account without a will.

Married

Integrate matrimonial property law and ensure that your spouse is adequately provided for.

In a partnership

Partners without marriage certificate are not considered legal heirs and must be named in a will to inherit.

Divorced

Regulations such as those involving real estate or insurance should be brought in line with a new family situation.

Videos on "Matrimonial property and inheritance law"

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Shine, glamour – and very down-to-earth: Entrepreneur and entertainer Alf Heller talks with us about financial planning, retirement provision, and the question nobody asks but everyone faces: What about a will?

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A house is not just a valuable asset, but often an emotional inheritance as well. Whether gifting, early inheritance, or sale – this video demonstrates how to structure the transfer of your property effectively and avoid common pitfalls.

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Inheritance advice

Our inheritance advisory service helps you address complex family, legal, and tax issues proactively, tailored to your situation, easily understandable, and with a focus on your personal circumstances.

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Succession planning

Timely succession planning reduces the risk that unforeseen events might jeopardize business continuity.

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Inheritance contract

Inheritance requires smart planning. Learn in simple terms what the difference is between a will and an inheritance contract, and what's important in estate planning.

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Will

A will makes it possible to clearly define your last wishes and in doing so deviate from the legal line of succession and take account of your personal circumstances.

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Erbrechtliche Apekte - mobile

Aspects related to inheritance law

Without a marriage contract, the matrimonial regime of participation in acquired property applies by default. Anyone wishing to arrange their estate differently should consider a marriage contract and a will.

(in German)

How to proceed

1

Taking stock of your estate

  • Make a complete inventory of your assets, including real estate and businesses.

  • Identify potential areas of conflict or problems, particularly related to real estate or company assets.

2

Will and inheritance contract

  • Will: Clearly names heirs and defines the exact distribution of assets.

  • Inheritance contract: Contractual agreements, e.g., for company succession, that are binding for all parties involved.

3

Taking into account real estate

  • Clarify whether the property should be sold, transferred, or used jointly.

  • Tax optimization, e.g., by using tax allowances or distributions across several years.

4

Regulating company estates

  • Tax-optimized transfer, e.g., via gifts or staggered transfer.

  • Define succession rules, including compensation of heirs who do not take over the business.

5

Tax optimization

  • Look into inheritance and gift tax, as they can vary strongly by canton.

  • Use tax allowances and tax-optimized transfers.

  • Staggered capital transfers to reduce tax progression.

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smzh for you

  • Personalized advice: Detailed analysis of your estate situation, tailored to your assets and circumstances.
  • Expertise: Specialized knowledge in the valuation and divisibility of real estate and businesses.
  • Strategic solutions: Development of legally and fiscally optimized estate strategies, tailored to your personal situation.
  • Conflict prevention: Support with clear communication and documentation of your wishes to avoid disputes.

We handle questions such as those shown on the right on a daily basis. You don't need to deal with them by yourself – our 360° Check-Up is free of charge and non-binding.

It establishes clear rules, minimizes conflicts among heirs, and prevents an unexpected tax burden.

Through an independent valuation and clear provisions in the will, such as sale or transfer, a fair arrangement can be achieved.

It is a legally binding document that governs the distribution of the estate. Inheritance contracts are especially useful for complex estates, as in the case of business succession.

It's best to start early, particularly in case of significant wealth or changing circumstances (e.g., marriage, divorce, childbirth).

Without a will, statutory succession applies, which may not reflect your wishes and can lead to conflicts.

Matrimonial property and inheritance law: Estate planning