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Sometimes you need to think about something you want to put aside. Private law professor Monika Paffinger also says this. Inheritance law is exactly such a subject. In the interview, Paffinger also discusses whether grandchildren will be considered in the will and what will happen to the data on the internet when they die.
A new inheritance law came into force as of the beginning of 2023. Why was the audit carried out?
In 2010, Gutzwiller’s motion “For contemporary inheritance law” gained momentum. Our inheritance law, which came into force in 1912, was quite resistant to adjustments. There have been movements and pressures towards revision in many areas of law. Due to fundamentally changing social, economic and socio-technological realities, jurisprudence and legislation had to constantly evolve. Only inheritance law remained lifeless for a long time and was changed at the first stage after controversial discussions.
Is this a great success?
Significant adjustments and some clarification have been made, but this remains very much a selective change. Some big questions still remain unanswered. There is still no real cohabitation inheritance law. In fact, the number of couples with children living together without getting married is increasing. Revision studies in corporate inheritance law are ongoing.
What happened?
Changes to the compulsory share law give the testator more freedom to dispose of his property. You have a higher free quota to distribute. Parents’ mandatory sharing request has been cancelled.
Is there a more equitable distribution now?
As always, there are winners and losers when it comes to changes like these. Whether this is fair or not remains to be seen. Time will tell what impact the freely accessible higher quota will have on society. Empirical research would be informative here.
At what age should a will be made?
In special circumstances and significant assets, it is never too early to start preparing a will. Regardless, in my view, you can’t start proactively dealing with the design of your own life and death, as well as your economic matters, early enough. It is an educational task to convey the awareness of paying attention to relevant issues to adolescents at an early age. Of course, you don’t want to explain to an 18-year-old how to prepare a will. But I believe it is good for young people to think about death and their own circumstances.
Do you need to take into account grandchildren and great-grandchildren in your will?
You talk about intergenerational responsibility. That’s a nice thought. 30,000 francs means something different to a twenty-year-old in education than to a fifty-year-old. This concern can be taken into account in various ways. The first is to make a gift while you are alive, and the second is to leave a legacy through a will and testament. These opportunities serve to support the younger generation.
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This article was first published on the paid service of handelszeitung.ch. Blick+ users have exclusive access as part of their subscription. You can find more exciting articles at www.handelszeitung.ch.
Should you consult a notary to be absolutely sure about your will?
In the case of significant assets or special circumstances, notarization is recommended to secure and legally confirm the testator’s will. However, the participation of the notary is not mandatory for official certification. Even if the will is notarized, disputes may arise between heirs after death. Not everything in life is as predictable as one would like.
Keyword digital legacy. What should you consider?
People in the digital society are focused on hardware, cloud, network, etc. leaving behind large amounts of data and information. The digital asset contains some very personal and also material data. There are some legal uncertainties in Switzerland and there is no definitive and specific regulation. It is advisable to pay attention to how the digital asset should be handled in the event of death.
What does this specifically mean?
You should create a list of the media used, as well as store the password directory in a safe place and, if necessary, provide the name of the person who will handle the digital legacy. A 2018 decision from Germany was groundbreaking: Following the death of their daughter, parents tried to access her Facebook account. Facebook refused. The Federal Court of Justice later ruled that Facebook must guarantee the heirs access to the account.
Source :Blick
I’m Tim David and I work as an author for 24 Instant News, covering the Market section. With a Bachelor’s Degree in Journalism, my mission is to provide accurate, timely and insightful news coverage that helps our readers stay informed about the latest trends in the market. My writing style is focused on making complex economic topics easy to understand for everyone.
