Beste Letzter Wille und Testament Anwälte in Triesen

1. About Letzter Wille und Testament Law in Triesen, Liechtenstein

The term Letzter Wille und Testament covers all forms of a person’s last will and testament in Liechtenstein. In Triesen, as in the rest of the prince-dom, the rules are primarily set out in the Bürgerliches Gesetzbuch des Fürstentums Liechtenstein (BGB). This civil code governs how a will can validly dispose of assets after death and what happens when someone dies intestate.

There are two main forms of a valid Liechtenstein will. The eigenhändiges Testament is written entirely by the testator, signed and dated by the testator in their own hand. The notarielles Testament is created or confirmed in the presence of a notary with proper formalities. A tested executor or administrator can be appointed in the will to help manage the estate.

Liechtenstein law also protects Pflichtteilsrechte, or forced-heir rights, ensuring close family members cannot be completely disinherited. The law also addresses cross-border issues when assets lie outside Liechtenstein or when the deceased was domiciled abroad. In such cases, Liechtenstein courts may apply Liechtenstein law to estate assets located in Liechtenstein, while other jurisdictions may govern other assets.

Estate planning in Triesen requires attention to real estate, bank accounts, and family shares, all of which can be subject to separate rules. A well-drafted will can help reduce disputes, clarify beneficiary designations, and specify guardianship for minor children if needed. Given the complexity of cross-border and multi-asset estates, many residents engage a lawyer or notary to ensure compliance with local formalities.

The Liechtenstein Civil Code governs private law, including testamentary dispositions and inheritance rights.

Notarial acts and public wills play a central role in Liechtenstein estate planning and probate procedures.

Cross-border inheritance matters may involve coordination between Liechtenstein law and other jurisdictions, using EU-based guidance for non-EU interactions.

2. Why You May Need a Lawyer

Engaging a lawyer or notary for Letzter Wille und Testament matters in Triesen can prevent costly mistakes. Below are concrete scenarios where professional advice is essential.

• Real estate and ownership in Liechtenstein - You own a villa in Triesen and want to specify who inherits it while respecting Pflichtteil rights. A lawyer helps draft a notarial will that preserves the property for your chosen heirs and avoids later disputes.
• Assets across Liechtenstein and abroad - You hold bank accounts in Liechtenstein and property in Switzerland. An attorney can coordinate Liechtenstein inheritance rules with foreign jurisdictions to ensure valid transfer of assets.
• Business succession in a Liechtenstein company - You own a family business and need a plan that preserves business continuity and defines shares for successors, while honoring family agreements.
• Second marriages or blended families - You want to protect your spouse while ensuring children from a prior relationship receive appropriate shares, which often requires an Erbvertrag or carefully drafted provisions in a will.
• Guardianship for minor children - You wish to designate a guardian and set up trusts or arrangements to support your children after your death, requiring precise drafting to be enforceable.
• Challenging a will or intestacy situation - If a relative contests a will or if an estate lacks a clear will, a lawyer helps navigate the probate process and protect your rights.

3. Local Laws Overview

The Liechtenstein legal framework for wills relies on the Civil Code and related notarial rules. The core set of rules governs form, validity, and the distribution of the estate after death. Local practitioners frequently reference the BGB in Liechtenstein when advising clients on testamentary dispositions and inheritance.

Key legal concepts you should know include the formal distinction between eigenhändiges (handwritten) wills and notarielles (notarial) wills. Notarial wills are created or verified before a notary and are often preferred for complex estates or when ensuring strict compliance with formal requirements. The right to a Pflichtteil provides protection to close family members, limiting how much can be disinherited.

Recent trends in Liechtenstein practice emphasize careful handling of cross-border estates and ensuring that wills comply with both Liechtenstein law and applicable foreign rules. Probate for Liechtenstein assets may be handled domestically, while foreign assets may require cooperation with foreign authorities. Securing professional counsel helps align testamentary provisions with these cross-border considerations.

The Liechtenstein Civil Code regulates private law including testamentary dispositions and inheritance rights, with specific Erbrecht provisions in the code.

Notarial acts govern notarial wills and the formalities required for valid testamentary documents in Liechtenstein.

Cross-border inheritance matters require coordination between Liechtenstein and other jurisdictions, with guidance available via the EU e-Justice portal for non-EU cases.

4. Frequently Asked Questions

What is an eigenhändiges Testament under Liechtenstein law?

An eigenhändiges Testament is a will written entirely by the testator in their own hand. It must be signed and dated to be valid. This form is simpler but requires careful drafting to avoid ambiguity.

How do I revoke a Liechtenstein will legally?

You can revoke a will by drafting a new will or by destroying the prior document with intent to revoke. A civil law approach also recognizes implicit revocation through later inconsistent dispositions.

When should I update my will after major life events?

Update your will after marriage, divorce, birth of a child, or acquisition of new assets. These events can change your heirs and asset distribution, making revisions essential for accuracy and legal effect.

Where can I legally draft a will in Triesen?

You can draft a will at a Liechtenstein notary office or with a lawyer who specializes in Erbrecht. Notaries provide official authentication for notarial wills as required by Liechtenstein law.

Why might I need a notary for a Liechtenstein will?

A notary ensures compliance with formal requirements and can convert a private will into a public document. This minimizes the risk of disputes and accelerates probate.

Can I leave Liechtenstein assets to non-residents?

Yes, you can designate non-residents as beneficiaries. However, tax implications and cross-border probate considerations may arise, so professional advice is advised.

Should I appoint an executor or administrator in Liechtenstein?

Appointing an executor helps manage the estate and execute your wishes. The executor can be a trusted family member or a professional, and their duties are defined in the will.

Do I need a lawyer to draft a will in Triesen?

While not strictly required, a lawyer or notary reduces the risk of invalid provisions, cross-border issues, and probate delays. Professional help is especially valuable for complex estates.

How much do notarial wills typically cost in Liechtenstein?

Costs depend on the complexity and asset value, but notarial fees may range from several hundred to a few thousand CHF. A preliminary cost estimate from a notary helps with budgeting.

How long does probate take for a Liechtenstein estate?

Probate duration varies with estate complexity and cooperation between parties, often taking several months to over a year. A clear will and organized documents help streamline the process.

What is the difference between a will and an Erbvertrag in Liechtenstein?

A will disposes of assets after death, while an Erbvertrag is a binding contract about inheritance made during the lifetime. An Erbvertrag can limit changes by future wills and requires careful drafting.

Do I need to consider tax implications on inheritance in Liechtenstein?

Liechtenstein imposes specific inheritance and gift tax rules. Planning with a lawyer helps optimize tax outcomes for heirs while complying with the law.

5. Additional Resources

• Liechtensteinische Regierung (Government of Liechtenstein) - Civil Law and Notarial Services - Official portal for national legal framework, notarial processes, and estate matters. https://www.llv.li
• Gesetze.li - Liechtenstein Laws Portal - Central repository for the Civil Code and Erbrecht provisions. https://www.gesetze.li
• Notare Liechtenstein (Notaries) - Directory and Notarial Services - Local notaries who can draft and certify wills. https://www.notar.li

6. Next Steps

1. 1. Inventory your assets and family situation - Make a list of Liechtenstein real estate, bank accounts, and business interests. Note any cross-border assets and potential heirs. This helps tailor your plan.
2. 2. Decide on form and goals - Determine if you prefer an eigenhändiges or notarielles will. Clarify who should inherit each asset and any guardianship needs for minors.
3. 3. Choose a local legal professional - Look for a lawyer specializing in Erbrecht or a notary with experience in wills in Liechtenstein. Ask for references and a written cost estimate.
4. 4. Schedule a consultation - Inquire about required documents, capacity checks, and the expected timeline. Bring asset lists, IDs, and any existing wills.
5. 5. Prepare the draft with professional guidance - The lawyer or notary drafts the will, explains options, and ensures compliance with Liechtenstein law. Request a written explanation of the costs.
6. 6. Execute and store the will securely - If notarial, the document is filed with the notary. If notarial, ensure it is properly signed and stored in a safe place, with copies provided to heirs if appropriate.
7. 7. Plan for periodic reviews - Revisit your will after major life events or asset changes. Set a reminder for annual reviews if your circumstances are dynamic.