Best Estate Planning Lawyers in Arlesheim

About Estate Planning Law in Arlesheim, Switzerland

Estate planning in Arlesheim falls under Swiss federal law, primarily the Swiss Civil Code, and is complemented by cantonal rules in Basel-Landschaft, especially for taxes and procedural matters. The goal is to organize what happens to your assets, obligations, family responsibilities, and business interests if you become incapacitated or die. Typical tools include wills, inheritance agreements, marital and partnership agreements, beneficiary designations for pension and insurance assets, lifetime gifts, and advance directives. Because Arlesheim is in the canton of Basel-Landschaft, local authorities such as the municipal inheritance authority and the regional adult protection authority play important roles in validating documents, securing estates, and guiding heirs.

Switzerland offers a high degree of predictability through statutory shares for close family, formal execution requirements for wills and inheritance agreements, and clear options for heirs to accept or reject an estate. At the same time, cross-border assets, pension rules, and cantonal tax differences make local guidance in Arlesheim valuable for an efficient and conflict-free plan.

Why You May Need a Lawyer

You may want a lawyer if you have a blended family or wish to provide for a spouse or partner while also protecting children from a prior relationship. Swiss forced heirship limits full freedom to distribute assets and a lawyer can help you use available tools, such as an inheritance agreement, to reach your goals.

If you own real estate, a business, intellectual property, or hold significant investments, a lawyer can integrate marital property rules, succession planning, and tax effects in Basel-Landschaft to avoid disputes and unnecessary costs.

If you or your beneficiaries live outside Switzerland, cross-border coordination is critical. A lawyer can align your Swiss will with foreign wills and address applicable law, tax exposure, recognition of documents, and transfer mechanics for foreign assets.

If you want to reduce or clarify potential inheritance and gift taxes for non-exempt beneficiaries in Basel-Landschaft, legal advice can identify tax-sensitive transfers, life insurance solutions, beneficiary orders, and timing strategies.

If you are concerned about incapacity, a lawyer can prepare a valid Swiss advance care directive and a patient directive, and ensure the regional adult protection authority can recognize and implement your choices smoothly.

If a death has already occurred, a lawyer can help heirs decide whether to accept the estate, request a public inventory, obtain the certificate of inheritance, coordinate with the municipal inheritance authority, and manage claims, debts, and distributions.

Local Laws Overview

Forced heirship and freedom of testation. Swiss law protects close family through compulsory shares. As of 1 January 2023, the compulsory share of descendants is reduced, and parents no longer have a compulsory share. Spouses or registered partners maintain a compulsory share. Within these limits, you may leave the free portion of your estate to anyone, including charities. Tools like inheritance agreements can increase flexibility if all affected heirs consent.

Forms of wills and inheritance agreements. A holographic will must be entirely handwritten, dated, and signed by the testator. A public will is executed before a notary with witnesses as required by cantonal practice. An oral will is available only in emergencies. Inheritance agreements are binding contracts about succession that require notarization and witnesses. Local notarial practice in Basel-Landschaft governs execution details, language, and identification requirements.

Matrimonial and partnership property. Your marital or registered partnership property regime affects what is in your estate. The default regime is participation in acquired property. Separation of property and community of property are available by agreement. A lawyer can coordinate an estate plan with a marital or partnership agreement so that the surviving partner has appropriate rights without violating compulsory shares.

Intestacy rules. Without a valid will or inheritance agreement, Swiss statutory rules apply. If there is a spouse or registered partner and descendants, each receives a share. If there is a spouse or registered partner and no descendants, the spouse or partner and the deceased’s parents or their descendants share. If none of these exist, more distant relatives inherit. If there are no legal heirs, the canton inherits.

Heirs’ options and estate administration. Heirs can accept the estate, accept under public inventory, or reject the estate. There are statutory deadlines, commonly three months from becoming aware of the death and their status as heir. Municipal inheritance authorities in the Arlesheim district can take safeguarding measures, such as sealing assets and ordering an inventory. A certificate of inheritance is issued by the competent authority to enable asset transfers.

Adult protection and incapacity planning. A Swiss advance care directive lets you appoint a person to handle personal, financial, and legal matters if you become incapacitated. The regional adult protection authority in the Arlesheim district verifies and activates such directives. A separate patient directive covers medical decisions and treatment preferences.

Pension and insurance assets. Pillar 2 occupational pensions and pillar 3a tied pension assets follow statutory beneficiary orders that you can often customize within set limits. Beneficiary designations must respect compulsory shares. Life insurance policies can be structured to provide liquidity for heirs and taxes.

Ownership structures. Swiss law distinguishes between sole ownership, co-ownership, and collective ownership. The community of heirs jointly owns estate assets until partition. There is no automatic right of survivorship comparable to some other jurisdictions, so survivorship aims should be addressed through wills, inheritance agreements, and beneficiary designations.

Taxes in Basel-Landschaft. The canton of Basel-Landschaft levies inheritance and gift taxes. Spouses or registered partners and descendants are generally exempt. Other beneficiaries are taxed at progressive rates that depend on kinship and the value transferred. Real estate gains tax can arise if estate property is sold. Proper planning can stage transfers, utilize exemptions where available, and manage liquidity to cover taxes.

Foundations and foreign trusts. Switzerland recognizes foreign trusts under the Hague Trust Convention, although there is no domestic Swiss trust as of today. Family foundations are permitted only within statutory limits. In practice, Swiss plans may combine companies, foundations, life insurance, and foreign trusts. Local advice is essential to align these with Swiss forced heirship and tax rules.

Frequently Asked Questions

What makes an Arlesheim estate plan different from elsewhere in Switzerland

The legal framework is federal, but procedures and taxes are cantonal. In Arlesheim, which is in Basel-Landschaft, the municipal inheritance authority and the regional adult protection authority handle local steps, and the canton’s inheritance and gift tax rules apply.

Do I need a Swiss will if I already have a foreign will

A foreign will can be valid in Switzerland, but execution can be slower or contested. A Swiss-compliant will that coordinates with your foreign will usually speeds up transfers and reduces the risk of conflicts. Always avoid unintentional revocation by ensuring both documents are harmonized.

How much freedom do I have to choose my heirs

Swiss law protects the compulsory shares of certain heirs. As of 2023, descendants and spouses or registered partners have compulsory shares, while parents do not. You may freely dispose of the remaining portion. An inheritance agreement can modify outcomes with the consent of affected heirs.

Who issues the certificate of inheritance in the Arlesheim area

The competent inheritance authority in your municipality within the Arlesheim district issues the certificate of inheritance, enabling banks and registries to transfer assets. A lawyer can help identify the correct authority and file the application with the required documents.

Can I avoid inheritance tax in Basel-Landschaft

Spouses or registered partners and descendants are generally exempt from inheritance and gift taxes. Transfers to others are taxable at progressive rates. Planning can reduce taxes for non-exempt beneficiaries by using lifetime gifts, insurance, and timing, but anti-avoidance rules and compulsory shares must be respected.

What happens to debts when someone dies

Debts pass to the heirs with the assets. Heirs can accept the estate, accept with a public inventory to limit risk, or reject it. Deadlines apply. If there is uncertainty about liabilities, a public inventory or legal advice is advisable before any action that could be deemed acceptance.

How do Swiss pensions and pillar 3a fit into the estate

Occupational pension and pillar 3a assets follow statutory beneficiary orders, with limited flexibility to prioritize a spouse or partner and certain dependents. These designations interact with forced heirship, and heirs with compulsory shares may have reduction claims. Review beneficiary forms regularly.

Is a handwritten will valid

Yes. A holographic will must be fully handwritten, dated, and signed by you. Typed or printed text is not valid unless the will is executed as a public will before a notary with witnesses. Keep the original in a safe but accessible place and inform trusted persons of its location.

How can I protect a life partner if we are not married

Unmarried partners do not have automatic inheritance rights. You can use a will or an inheritance agreement to provide for your partner, and consider beneficiary designations for pensions and life insurance. Keep in mind inheritance tax exposure for non-exempt beneficiaries in Basel-Landschaft.

What role does the adult protection authority play

The regional adult protection authority for the Arlesheim district validates and activates advance care directives if you become incapacitated, appoints representatives if needed, and oversees protective measures. Properly drafted directives help ensure your chosen person can act without delay.

Additional Resources

Municipal inheritance authority in your Arlesheim district municipality for estate safeguarding, inventories, and certificates of inheritance.

Regional adult protection authority KESB for the Arlesheim district for advance care directives and incapacity matters.

Cantonal Notariat Basel-Landschaft for public wills, inheritance agreements, and notarizations.

Steuerverwaltung Basel-Landschaft for inheritance and gift tax rules and procedural guidance.

Grundbuchamt Basel-Landschaft for real estate transfers and land register matters.

Swiss Civil Code Book Five Inheritance Law for federal legal framework and compulsory shares.

Federal Office of Justice for federal guidance on private law and recognition of foreign documents.

AHV and SVA Basel-Landschaft for survivors’ pensions and social insurance notifications.

Your occupational pension fund and pillar 3a provider for beneficiary designations and plan-specific rules.

Local banks and insurers in Arlesheim district for estate account procedures and policy beneficiary updates.

Next Steps

Clarify your goals. Decide who should benefit, who should administer your estate, and how you want to handle real estate, business interests, and personal items.

Gather information. Prepare a list of assets and debts, family details, existing wills or agreements, pension and insurance contracts, and property records.

Consult a local professional. Speak with a lawyer experienced in Swiss inheritance law and familiar with Basel-Landschaft procedures, and involve a tax adviser for cantonal tax implications.

Choose the right instruments. Consider a Swiss will or an inheritance agreement, update marital or partnership agreements if needed, and align pension and insurance beneficiary designations.

Plan for incapacity. Sign an advance care directive and a patient directive so your chosen person can act if you cannot. Inform them and provide access instructions.

Coordinate across borders. If you have foreign assets or heirs abroad, ensure your Swiss plan is consistent with foreign laws and avoids double taxation or conflicting directives.

Execute and store documents properly. Follow notarization and witnessing requirements, register where appropriate, and store originals securely. Tell trusted persons and your lawyer where documents are kept.

Review regularly. Revisit your plan after major life events such as marriage, divorce, birth of a child, relocation, large purchases, or changes in law.

Prepare heirs. Communicate key aspects of your plan to reduce surprises and conflict, and ensure there is liquidity to cover taxes and expenses.

Act promptly after a death. Notify the civil registry, contact the municipal inheritance authority, secure assets, seek legal advice before accepting the estate, and obtain the certificate of inheritance to proceed with transfers.