Basics of inheritance and matrimonial law: My partner dies unexpectedly – this is how I protect myself financially

Brunner says the quickest way to close the issue is to settle for the amount to which descendants are legally entitled if the partner hasn’t settled anything in his or her lifetime. If you are married and have no children, the surviving spouse receives three-quarters of the inheritance. The remaining quarter goes to the deceased person’s parents or – if they are not alive – to their siblings or nephews. In couples with children, half of the inheritance goes to the surviving spouse, and the other half is shared equally among the children. Life partners living together without marriage or registered partnership do not automatically inherit.

Brunner says a will makes sense for spouses with young children, for example. Because: It is a one-sided issue in which only the person who bequeaths the money, that is, the testator, can dispose of it alone. Children’s consent is not required. However, the testator cannot violate the so-called mandatory parts. It is the name of the minimum shares that must be kept for the spouse and descendants. Since the new inheritance law revision came into force on January 1, 2023, both the spouse and children are now entitled to a share of at least one quarter of the estate assets. The testator can divide the remaining half, called the free quota, as he wishes. A partner who has a biological child can devote at most half of this time to his/her life partner. He who has no children, all his wealth.

Unlike a will, an inheritance agreement is made between at least two adult parties. Mandatory parts that are actually protected can be bypassed with the consent of the person concerned. For example, while testators divide the inheritance so that those who are entitled to a certain part of the inheritance can receive their money, they can prevent the sale of the real estate that is part of the estate. With the inheritance agreement, spouses, in consultation with the children, can arrange that if one of the spouses dies, all their assets will be given to the other, and if both spouses die, only the children will be given. But this requires a certain amount of goodwill from them. That’s why he recommends not waiting for your daughter or son to get married and have children of their own. “Experience shows that the interests of your own nuclear family can come first.”

In Switzerland, the marital property regime automatically applies to marriage. It regulates property division not only in case of divorce but also in case of death. Only married people or – in a similar version – those in registered partnerships can benefit from this. Brunner says this is a major disadvantage for couples living together. Especially if the two have minor children and one of the parents dies, the entire inheritance will be inherited. That’s why Brunner recommends cohabiting couples check out what advantages marriage might have in terms of the surviving partner’s financial security.

Spouses can change the property regime regarding the distribution of acquired property, for example, to separation of property or community of property, through a marriage contract. An important point, Brunner says, is that spouses who have children in common can allocate assets they acquired during the marriage (called purchases) to each other using a prenuptial agreement, so that portion of the assets need not be shared with the children.