Succession law

Transfer of lease following death Your reaction to our previous column provides an opportunity to remind you that the lease does not automatically terminate on the death of the tenant, but continues with his heirs. Only the heirs, but not the landlord, have the right to terminate the lease early....

Transfer of lease to third party " My wife and I live in a flat with a lease and we would like our daughter to be able to use it after our death. Is it true that if she inherits our lease, the landlord can only terminate it if he plans to occupy the flat for his family?" René, Geneva There are...

Inheritance: my rights as a cohabitee " My partner of 5 years has a child from a previous relationship. We are currently discussing the possibility of marriage. I'd like to know whether I could inherit his estate if he died. Under what conditions could he appoint me as his...

Inheritance and usufruct When one of the spouses dies, the matrimonial property regime is first liquidated and then the estate is divided. However, if the deceased was married under the regime of separation as to property, there is no matrimonial property regime to be liquidated, as each...

Inheritance and tenancy Under article 560 of the Swiss Civil Code, as soon as an inheritance is opened, the heirs acquire all the rights and obligations of the deceased. This mechanism is reflected in the old adage "the dead seize the living, his closest heir".in this context, the heir not only takes possession of the...

His brother inherits, but not his sister. Is this legal? My uncle has no descendants and has named my mother's brother as sole heir to his entire fortune. Is it possible to name just one heir in a family? T, Geneva First of all, we need to distinguish between legal and instituted heirs: legal heirs are...

Terminate without being able to sign "I had signed a contract of inheritance with my two children, who are my sole heirs. Now we want to terminate it. How should we proceed, given that I can no longer write? Yves, Meyrin Anyone over the age of majority who wants to settle their estate during their lifetime can either draw up a will or enter into a contract of...

Renouncing a share of an inheritance "As my wife has only one son, whereas I have three children, five grandchildren and two great-grandchildren from my first marriage, we have agreed that, in view of her wealth, she should renounce her legal share of my estate. Does she have to mention her agreement in my will and initial it?" David,...

What rights does a usufructuary have? "My late husband and I were married under the ordinary regime of participation aux acquêts and have two children. In his will, he made me the usufructuary of the part of the estate devolving to our children, made up in part of a capital sum. Can I use this money for my own needs?