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19 September 2017

The Heir Who Is (Completely) Excluded From Succession

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?

Heir-excluded-from-succession-Froriep-Arter

We have prepared a pdf for you which shows you the answer to these questions: 

  1. Who is a virtual heir according to Swiss law?
  2. According to Swiss law, who is an heir with a statutory inheritance entitlement?
  3. How high is the statutory inheritance entitlement in Switzerland?
  4. And how high are the statutory succession rights in Switzerland?
  5. So what is the statutory inheritance entitlement?
  6. I was excluded from inheritance in a disposition of property upon death. What do I need to do?
  7. How much time do I have to claim for infringement of statutory share or to claim grounds for invalidity?
  8. What can be claimed with an invalidity action?
  9. And what can be claimed with an abatement action?
  10. 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?
  11. 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?
  12. Can I, as a virtual heir, demand that a public inventory be recorded?

Download PDF 

 

 

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Photo: Shutterstock/ArbyDarby

Topics: Private Client 

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