The legacy of the distant uncle is not always American

A slightly bohemian friend, a fan of the Indian summer, divorced many years ago, had children from a first union with whom relations have become distant or even non-existent since they frequent the Champs-Elysées. He is now whistling up the hill with a new partner, without being married, and has no other children. We were discussing the other day who will inherit his estate when the time comes, and especially what will happen if, when he dies, none of his Daltons claim his estate. I argued that the State will automatically get everything back, am I right?

F, Vernier

I'm not so sure! In Switzerland, direct descendants are the first to inherit. But when the family photo is called melancholy and looks more like a jigsaw puzzle than a straight line, the answer to your question will depend on how close the survivors are.

The Swiss Civil Code (CC) sets out a very precise hierarchy of heirs. Children come first, whether born in or out of wedlock (art. 457 CC). All are treated equally, provided their parentage is legally established. This is where the problem sometimes arises: without a formal legal link - such as an acknowledgement of paternity or a court ruling - a child, even a biological child, cannot inherit from his or her alleged parent.

If the deceased left no children or surviving spouse, the succession goes back to the deceased's own parents and then, if there are no parents, down to the deceased's brothers and sisters and their own descendants, i.e. nephews and nieces (art. 458 CC). If there is no one left in this line, the deceased's grandparents must be sought out and then, if they themselves are predeceased, the deceased's uncles and aunts and their own descendants, i.e. the deceased's cousins (art. 459 CC). The system thus operates in successive circles. After the third circle - that of the grandparents and their descendants - no one is legally entitled to inherit. It is only in this case that the State - i.e. the canton of the deceased's last domicile - will receive the inheritance (art. 466 CC).

To avoid this type of outcome, a person may freely designate one or more heirs in a will, within the limits of the share reserved by law for the so-called "heirs".
«In the absence of such a document, the rules of legal devolution will apply without qualification. In the absence of such a document, the rules of legal devolution will apply without qualification.

In blended families and common-law unions in particular, it's best to think ahead and formalise your wishes. A well-drafted will, an appropriate marriage contract or an acknowledgement of paternity can make all the difference, even if it's not going to change the world!