Attorney Inheritance Law Lucerne | Specialist | Law Firm

A will or inheritance contract can deviate from this statutory succession. However, this freedom of decision is restricted by the rights of mandatory heirs. This ensures that close relatives receive a minimum share of the inheritance, even if they have been excluded by will. Descendants and spouses benefit from the rights of mandatory heirs.

With our expertise, you can shape the inheritance according to your wishes. If you have already entered into a marriage and/or inheritance contract or have drafted a will, we will review together with you whether the arrangement is current and clear, or if adjustments or additions to the estate provisions are necessary due to changes in life circumstances or financial situations. Additionally, we will assist you in asserting your hereditary claims, including court actions if necessary.

Estate Planning - Will, Inheritance Contract, Gift, & Co.

Through estate planning, you can deviate from the statutory inheritance rules. This ensures that your assets are distributed according to your wishes. Possible options include:

• Will: Draft a will to unilaterally designate your heirs and their shares of the inheritance.
• Inheritance Contract: An inheritance contract allows for binding agreements between multiple parties during their lifetime.
• Gift: Through gifting, assets can be transferred during your lifetime, potentially allowing you to take advantage of tax benefits.

As specialized attorneys in Inheritance Law, our goal is to achieve tailored estate planning for you. You tell us your goals and what you want to achieve or prevent, and we will take care of the rest. With a legacy, a condition, or a stipulation, you can precisely reach your hereditary objectives.

We will explore the option of using a marriage contract or adjusting the marital property regime to further regulate the inheritance or the shares of the beneficiaries. If you are a partner in a business, a shareholders' agreement might be helpful. As notaries, we will also ensure the implementation through official notarization. The notarization can take place in our Lucerne office or at your home.

Certificate of Inheritance & Estate Administration

A certificate of inheritance is an official document that verifies a person's status as an heir. It is required to gain access to the estate and to manage legal matters related to the estate. Once the heirs are determined, the estate must be settled. This includes identifying, valuing, and distributing the deceased's assets. Debts and liabilities are settled, and inheritance disputes are resolved.

To protect the estate from unlawful interference, there are also protective measures available:

• Sealing of the estate
• Preparation of an inventory
• Appointment of estate administration

Furthermore, heirs can protect themselves from over-indebted estates in the following ways:

• Renounce the inheritance
• Request a public inventory
• Request official liquidation of the estate

Have you received a faulty certificate of inheritance from the division office or estate office and don’t know how to respond? Are you unsure who is responsible for what and what the authorities will handle for you? We will accompany you during the official opening of the documents and ensure that no mistakes are made. We will guide you through the process of dividing the inheritance. As specialist attorneys in Inheritance Law, we assess estate inventories and inheritance division agreements daily. Delaying action in inheritance matters can lead to irreversible disadvantages. We will review with you which protective measures are advisable.

Inheritance Tax & Exemptions

To prevent a large portion of the inheritance from going to the state, it is crucial to consider any inheritance taxes in estate planning. Exemptions allow a certain portion of the estate to be inherited tax-free. The exact amount varies depending on the degree of relationship and residence. Due to significant cantonal differences, it is advisable to inform yourself about the specific regulations in your canton to understand potential tax obligations and take any necessary precautions.

Depending on the relationship of the beneficiary to the deceased, an inheritance can trigger a tax obligation. In the canton of Lucerne, this can be as high as 40% in extreme cases!

If you wish to organize your estate in a tax-optimized manner, we will present you with legal options to achieve this goal. We will analyze your specific situation while considering federal and various cantonal tax regulations. Take advantage of tax exemptions to avoid unnecessarily burdening your estate with taxes. With us, you can avoid unpleasant surprises and navigate around pitfalls. Since certain legal transactions during your lifetime can be assessed differently for tax purposes upon death, we will plan the ideal solution with you well in advance.

Disinheritance & Contestation

Disinheritance allows statutory heirs to be excluded from the asset succession. Unlike disqualification from inheritance, which is determined by the authorities, the testator must specify the reason for disinheritance in their last will. If they fail to do so, the affected parties can contest the will and claim their mandatory share. Possible grounds for disinheritance include:

• An heir has committed a serious crime against the testator or against a closely related person.
• An heir has severely violated their family obligations towards the testator or a family member.

We often find that there are misconceptions about the concept of disinheritance. As experienced litigators in Inheritance Law, we will clarify the situations in which disinheritance is possible and makes sense. Furthermore, since disinheritance can also create unnecessary conflicts, we will present you with milder alternatives.