The legacy

The legacy

"We have 3 adult children. We own a second home and, with the agreement of the whole family, we want to leave it solely to our youngest son. Is this possible and what precautions should we take?

Under art. 467 of the Swiss Civil Code (CC), any person who is capable of discernment and over 18 years of age may dispose of his or her property by will within the limits and in the form established by law. However, the Swiss legislator considers that the person making the will may not deprive his relatives of a certain proportion of his assets, which is why the law protects the closest legal heirs by guaranteeing them a share known as the "reserve" (art. 471 CC). The persons protected are the descendants, the father and mother and the spouse or registered partner (art. 470 CC). This reserve consists of a proportion of the inheritance fixed by law and what exceeds the amount of the reserve is called the available portion.

A distinction must be made between the institution of an heir, which is the institution of one or more persons for the whole or a share of the succession, and the concept of a legacy. A legacy is the attribution of a patrimonial benefit to a beneficiary, generally the attribution of ownership of a specific thing, rather than a portion of the entire estate. If a legacy exceeds what is in the estate or the available portion, it may be reduced proportionately. In your case, therefore, you will need to take particular care to ensure that the other heirs with reserved rights are not adversely affected by the bequest of the second home to your son; this will depend on the actual value of the second home, or that of the entire estate, so it is unfortunately not possible to give a precise answer to your question.

This is a good time to remember that inheritance law involves a number of important formalities, so it's a good idea to seek specialist advice. The Chamber of Notaries (022 310 72 70) and the Bar Association (022 310 50 65) can help you with any specific questions you may have.