{"id":5414,"date":"2022-01-17T10:00:33","date_gmt":"2022-01-17T09:00:33","guid":{"rendered":"https:\/\/blog.startups.ch\/en\/?p=5414"},"modified":"2021-08-13T17:51:53","modified_gmt":"2021-08-13T15:51:53","slug":"revised-inheritance-law-will-come-into-force-on-january-1-2023","status":"publish","type":"post","link":"https:\/\/blog.startups.ch\/en\/revised-inheritance-law-will-come-into-force-on-january-1-2023\/","title":{"rendered":"Revised Inheritance Law will come into force on January 1, 2023"},"content":{"rendered":"\n

The Federal Council decided to bring the revised inheritance law into\nforce on January 1, 2023. At the heart of the inheritance law revision is the\nrelaxation of the right to a statutory entitlement, which significantly increases\ntestator’s freedom of choice. In the future, it will be possible for testators\nto favor de facto life partners or stepchildren to a greater extent.<\/h2>\n\n\n\n
\"\"\/<\/figure>\n\n\n\n

At its meeting on May 19, 2021, the Federal Council decided to bring the\nrevised inheritance law into force on January 1, 2023. The more flexible\nprovisions take into account modern forms of cohabitation by strengthening the\ntestator’s freedom of choice. The most important innovation of the inheritance\nlaw revision lies in the relaxation of the right to a compulsory portion, which\nallows the testator to increasingly favor non-legal heirs such as de facto life\npartners or stepchildren.<\/p>\n\n\n\n

No more statutory entitlement for parents<\/strong><\/h3>\n\n\n\n

Under current law, the statutory entitlement for parents comprises half of their inheritence. Said statutory entitlement will be abolished without replacement in the new inheritance law. The reasoning behind the change is that the idea of solidarity, on which the statutory entitlement in favor of parents is based, has lost significant importance in recent decades. With the amendment, Switzerland is following the international trend, since the statutory entitlement has been abolished already in numerous foreign legal systems (e.g. the Netherlands, France). <\/p>\n\n\n\n

Lower statutory entitlement<\/strong> for descendants<\/strong><\/h3>\n\n\n\n

Under the revised inheritance law, the statutory entitlement for descendants is reduced from three quarters to half of the inheritance. The descendants are thus placed on an equal footing with the decedent’s spouse with regard to their statutory entitlement. The current provision was often criticized because it restricts the testator’s freedom of choice disproportionately. Opponents of the previous regulation argued that inheritance law had largely lost its function as an institution of provision for descendants through old-age, survivors’ and disability provisions.<\/p>\n\n\n\n

Emergency right of the de facto life partner<\/strong><\/h3>\n\n\n\n

In order to protect de facto life partners from financial distress upon the death of the testator, the new inheritance law grants them an emergency right. Anyone who has lived with the testator in a de facto life partnership for at least five years at time of the death can demand support from the testator\u2019s heirs if they would otherwise be in financial distress. The support benefit is paid in the form of a pension and must be applied for by the entitled person in writing to the competent authority within three months of the testator’s death.<\/p>\n\n\n\n

No more right to statutory entitlement during divorce<\/strong><\/h3>\n\n\n\n

According to the current legal provisions, the protection of the statutory\nentitlement of a spouse’s estate only ceases to exist when the divorce becomes\nfinal. In practice, this means that divorce proceedings are deliberately\nprotracted in order to gain benefits from an inheritance despite de facto\nseparation. This will no longer be possible after the inheritance law revision\ncomes into force. The Federal Council stated in its message that by initiating\ndivorce proceedings, the will of the spouses to end their cohabitation is\nclearly expressed. It is therefore appropriate that the claim to statutory\nentitlement ceases to exist during the divorce proceedings.<\/p>\n\n\n\n

Clarification regarding tied pension provision<\/strong><\/h3>\n\n\n\n

With the revised inheritance law, the legislator also eliminates\nexisting legal uncertainties. Up until now it was uncertain whether claims from\ntied pension provision (pillar 3a) fall within the inheritance or not. In the\nfuture, beneficiary third parties will have a separate and direct claim against\nthe respective pension fund, irrespective of the form of pension. Banks and\ninsurance companies will therefore be able to pay out their benefits directly\nto the beneficiaries without having to consult the community of heirs\nbeforehand or having to run the risk of a lawsuit. Although the benefits from\npillar 3a are therefore not part of the estate, they will be taken into account\nfor the calculation of compulsory portions and can be reduced.<\/p>\n\n\n\n

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The Federal Council decided to bring the revised inheritance law into force on January 1, 2023. At the heart of the inheritance law revision is the relaxation of the right to a statutory entitlement, which significantly increases testator’s freedom of choice. In the future, it will be possible for testators to favor de facto life […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[10],"tags":[],"jetpack_publicize_connections":[],"aioseo_notices":[],"views":511,"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p54Pb1-1pk","jetpack-related-posts":[],"_links":{"self":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/5414"}],"collection":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/comments?post=5414"}],"version-history":[{"count":7,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/5414\/revisions"}],"predecessor-version":[{"id":5421,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/posts\/5414\/revisions\/5421"}],"wp:attachment":[{"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/media?parent=5414"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/categories?post=5414"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.startups.ch\/en\/wp-json\/wp\/v2\/tags?post=5414"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}