The loss of a loved one is already a difficult ordeal for families to overcome. If there is no plan for succession is not planned, this can add additional tensions among loved ones. To avoid these conflicts and ensure that your wishes are respected, it is essential to properly prepare the transfer of your assets.
The essential
Plan your succession by writing a will
Include clear rules for sharing in your will
Designate an executor in your will
Be very clear if you are making a donation during your lifetime
4 tips to avoid conflict after your death
In this article, we give you some practical tips to prevent disputes after your death.
Plan your succession by writing a will
One of the first steps in preventing conflict is toanticipate succession. This involves thinking now about how you want your assets to be shared between your heirs. By taking the time to create a will, you can clarify your intentions and reduce the risk of future misunderstandings.
Include clear rules for sharing in your will
It should be kept in mind that in the absence of inheritance provisions clearly indicating how the estate should be shared, it will be up to your heirs to agree on the division of the estate. This can be the source of significant conflicts or simply difficulties for your heirs when they have to divide up, for example, real estate. Swiss law also specifies that if the heirs cannot reach an agreement among themselves, it is up to the judge to divide the assets and liabilities of the estate between the various heirs. It should also be noted that in practice, if the heirs cannot reach an agreement, the judge must form lots and must allocate these lots by drawing lots. Furthermore, when the formation of lots is not possible, the judge may order the sale of the assets at auction.
However, Swiss law allows you to indicate in your will: sharing rules, by designating which property will go to which heir. The allocation of property to certain heirs in your will must not, however, harm the reserves of the other heirs.
Designate an executor in your will
Swiss law gives you the possibility of appointing an executor in your will, namely a person (natural or legal) who will be responsible for ensuring that your last wishes are respected.
He is the one who administers the estate. He pays debts and legacies and implements any specific provisions contained in your will. He is also responsible for preparing the division of the estate, by proposing solutions that can be the subject of a compromise among your heirs.
You can designate a relative or a professional to act as your representative. of executorGiven the importance of this function and the burden it represents, it is often recommended to appoint a professional, who will not only have the necessary knowledge, but also the independence and neutrality allowing all heirs to accept the proposed solutions.
Be very clear if you are making a donation during your lifetime
It is common and normal to help one's children at certain stages of their lives by means of gifts or by the allocation of other advantages. It is important to ensure that these gifts made during your lifetime do not create conflicts between your heirs upon your death.
If you have not made a will, the law establishes a presumption that any donation made to descendants with the aim of helping them establish themselves in life is, unless otherwise provided, subject to the inheritance report. Conversely, simple customary gifts are not reportable. In concrete terms, this means that if you have not made a will, it will be necessary to take into account, when allocating your inheritance, any gifts you may have made to certain heirs.
You can, however, by disposition for cause of death, decide that certain gifts will not be subject to the inheritance reportIn practice, this means that your other heirs will be deprived of the possibility of attacking, for example, a donation made to one of your descendants, unless this donation amounts to harming the hereditary reserve of the other heirs.
If you want a donation to one of your heirs to be taken into account in your inheritance, it is therefore advisable to be clear from the start and to draw up what is called a reporting order in connection with this donation, or on the contrary to specifically provide in your will for a dispensation from reporting.
