My estate without a will?

My estate without a will?

"I am 90 years old, single and have no children. My nephew (my late brother's son) and his mother are the only members of my family.

How will my estate be divided if I don't make a will? How much should I leave to my sister-in-law and nephew if I decide to make a will?

In Switzerland, the designation of heirs and the division of the estate depend on the law on the one hand and the deceased's last wishes on the other. The first question to ask is whether the deceased had drawn up a last will and testament or an inheritance agreement.

If the deceased left no post-mortem disposition, the estate is governed entirely by the law and will be divided between his or her legal heirs, i.e. the deceased's descendants, parents, grandparents and surviving spouse. It should be noted that the parents of the deceased will only be able to inherit if there are no descendants; grandparents will only be entitled to a share of the estate if the deceased left neither descendants nor parents. The surviving spouse has a special place in the estate. Once the matrimonial property regime has been liquidated, he or she will receive half of the estate if there are descendants, and three quarters if he or she is in competition with the deceased's parents. In all other cases, he is entitled to the entire estate.

If there is a valid will, the estate is divided according to the deceased's last wishes, provided that the "legal reserves" have been respected. The "reserved heirs", i.e. the descendants, surviving spouse and parents of the deceased, cannot be excluded from the estate, except in the event of their being disinherited. They are therefore entitled to a minimum share of the estate, even if the will provides otherwise. Thus, the testator may freely dispose of only that part of the estate that exceeds the total amount of the legal reserves.

If you decide not to draw up a will, your entire estate will devolve to your nephew, provided that you are not married, that you leave no children or relatives and that your brother (to whom your entire estate would have devolved) predeceased you. If, on the other hand, you decide to draw up a will, you are free to dispose of all your assets, since neither your sister-in-law nor your nephew is a reserved heir.