By judgment of 28 June 2017, the Swiss Federal Supreme Court re-examined the rights and obligations of an heir who was completely excluded from succession in a disposition of property upon death. Persons who have been completely excluded from succession are referred to as so-called "virtual heirs".
What does a virtual heir have to do in order to get to his or her legacy, and what rights does a virtual heir have until the time that heir status is recognised? And who actually is a virtual heir in the first place?
We have prepared a pdf for you which shows you the answer to these questions:
- Who is a virtual heir according to Swiss law?
- According to Swiss law, who is an heir with a statutory inheritance entitlement?
- How high is the statutory inheritance entitlement in Switzerland?
- And how high are the statutory succession rights in Switzerland?
- So what is the statutory inheritance entitlement?
- I was excluded from inheritance in a disposition of property upon death. What do I need to do?
- How much time do I have to claim for infringement of statutory share or to claim grounds for invalidity?
- What can be claimed with an invalidity action?
- And what can be claimed with an abatement action?
- I am a virtual heir, the one-year period for filing a claim has not yet expired and I would like to know which estate values the testator has left with banks. Do I have the right to information?
- I missed the one-year period for filing the action for abatement, but I would still like to know who has received which assets and what the estate actually amounts to. Do I have the right to information?
- Can I, as a virtual heir, demand that a public inventory be recorded?
Originally published in Sep 19, 2017
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.