Succession law

Separation as to property in the event of death " In your article published on 14 March, you discuss separation as to property and in particular the consequences of this matrimonial regime in the event of divorce, but what happens in the event of death? Gilbert S. When spouses subject to the matrimonial property regime of separation as to...

The concept of the reserved portion of an estateLegal adviceFamilyWills and inheritance "In these columns on 26 and 27 January, an unfortunate crossroads occurred in the batch of questions I receive in abundance from readers of the Tribune. Whilst thanking you for your assiduous interest in my column, I must bring you a...

Donations in question " In the case of a donation from a parent to a child (of legal age) and if the latter is married, does his or her spouse have a right to these assets in the event of divorce? Pascal, Geneva It should be remembered that when spouses do not choose a particular matrimonial regime, they are automatically subject to the...

The heirship and its disagreements When a person dies, Swiss law provides that all the heirs, whether legal or instituted, form the "community of heirs". This community, more commonly known as the "heirship", is a stage in the liquidation of the estate until each of the heirs individually becomes the owner of the share to which they are entitled....

How far does disqualification go? "Further to your column of 25 November last, I would like to know what the procedures and conditions are for discharging someone. Will the exlegation also apply to the exlegated person's descendants? A., Geneva When someone dies, the community of heirs generally consists of the legal heirs (designated by law) and the heirs...

I'm afraid of eviction" I'm divorced and my new boyfriend is separated from his wife, but not divorced. We live together in a house he inherited from his parents. If my friend dies (he has no children), who will inherit his house? What risk do I run of finding myself...

You have to distinguish between a grave and a plot" I was astonished to read in your last column that it's not possible to keep a grave in a Geneva cemetery for more than 20 years without having to move it. I seem to have seen many graves that look older than that! How can this be explained?

Inheritance rights between France and Switzerland? I've owned an old alpine farm in France for many years. I live in Geneva, as do my children and my ex-husband. What are the inheritance taxes between France and Switzerland? Would it be advantageous to make a donation during my lifetime? Liane...

Donations In the absence of federal harmonisation of inheritance and gift taxation, the vast majority of cantons have enacted their own rules in this area, each with their own tax rates. In Geneva, articles 11 et seq. of the law on registration duties (LDE) set out the principles applicable to donations, in particular the...