To get to the bottom of it
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.
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:
- through 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.
Selected professionals
Magda Kulik frequently drafts testamentary provisions for her clients and works with Geneva's best tax experts to achieve exactly the result intended by the testator. Placing paramount importance on respecting her clients' choices, she defends them particularly strongly, for example in the context of testamentary execution.
Damien Hottelier is a professional in family law and its tax implications, making him a first-rate choice for establishing or coordinating estate planning projects. He has also worked as an attorney in numerous inheritance litigation cases, giving him practical insight into the scope of choices and decisive arguments that ultimately prevailed in judicially contested inheritances. His view is therefore particularly tactical for implementing testators' choices.
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