Inheritance and its disagreements

Inheritance and its disagreements

When a person dies, Swiss law provides that all the heirs, whether legal or instituted, form the "community of heirs". The community of heirs, 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 he or she is entitled. In accordance with article 602 of the Civil Code, the heirs may only dispose of the property making up the estate by mutual agreement before the estate is divided. By virtue of this principle of unanimity, every legal act relating to the estate's assets requires the agreement of all the co-heirs. Acts of disposal, such as transfers of ownership or sales, are particularly subject to this principle. A sale cannot bind an heir who has not participated in it unless the latter has given the heirs entering into such a contract the necessary powers to represent him. However, every rule has its exceptions, and the principle of unanimity has its own: an heir is in particular entitled to act alone in urgent situations where it is imperative to safeguard the interests of the community or to ensure the conservation of the estate. The principle of the joint hand may also be disregarded in the event of legal proceedings involving all the heirs. In this context, the agreement of an heir to the institution of proceedings against him by all the other members of the heirship is not necessary. In cases where the heirs are unable to reach agreement, it is possible to ask the court to appoint a representative of the community of heirs to manage day-to-day affairs. As a last resort, it is possible to take legal action to divide the estate, as no one is obliged to remain undivided within the heirship beyond what is necessary. However, this can be a tortuous path, often involving costly expert appraisals, so it is always better to try to discuss than - to use your term - to try to coerce.