You'll only inherit once you've been trained
You'll only inherit once you've been trained
"I'm worried about the future of one of my two sons, who has reached the age of majority, is struggling to complete vocational training, doesn't work and spends all his money thoughtlessly. If I were to die, he would inherit a modest sum of money. Would it be possible to include a condition in the will that he could not receive it until he had completed a training course or had been in work for two years?
Ines, Geneva
Swiss law enshrines freedom of disposal as a general principle, which means that anyone wishing to plan his or her estate may, by will or inheritance agreement, lay down rules in advance for the devolution of his or her assets, within certain limits.
Under the Civil Code, the next of kin of the deceased are guaranteed a portion of the estate. This fraction of the estate, known as the reserve, can only be withdrawn from them in a few serious situations: disinheritance, repudiation of the estate or renunciation by agreement as to succession.
Apart from the cases mentioned above, it is impossible to completely "disinherit" one of one's children through a simple testamentary provision. The child's reserve is guaranteed and cannot be made subject to conditions. A condition is defined as the occurrence of a future event that gives rise to or extinguishes rights or obligations in relation to the inheritance. It should be noted that the law prohibits conditions that are unlawful or contrary to morality.
You can therefore make it a condition of your will or contract of inheritance that your son must successfully complete his education in order to be entitled to receive his share of your assets, which exceeds his inheritance reserve.
It should also be pointed out that until this condition is met, the share of the inheritance that your son is to receive after completing his education will remain the common property of all the legal heirs. It may therefore be advisable to appoint an executor to ensure that the property devolving to your son is preserved, and that he does not circumvent your wishes with the agreement of the other heirs.
