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Estate planning in Berikon follows Swiss federal law for succession combined with cantonal rules for administration and taxation. The basic legal framework is set out in the Swiss Civil Code, which defines how property passes on death, who counts as compulsory heirs, and what formal rules a will must meet. Practical administration and certain taxes are handled at the cantonal and municipal level - Berikon lies in the canton of Aargau - so some procedures and fees will follow local practice. Common estate-planning tools in Switzerland include wills, inheritance contracts, gifts during life, foundations, powers of attorney, and advance health directives. If you live in Berikon or own property there, you will typically need to consider both federal succession rules and Aargau-specific administrative or tax procedures.
Estate planning can seem straightforward for someone with a simple estate and a clear family situation, but many common circumstances raise legal issues best handled by a lawyer or notary. Typical reasons to seek legal help include:
- You have a blended family, children from previous relationships, or dependents with special needs and you want to allocate assets fairly and legally.
- You want to limit disputes and ensure your wishes are enforceable, for example by drafting a clear will or inheritance contract.
- You own a business, agricultural property, or complex assets that require succession planning to preserve economic continuity.
- You have assets in more than one country, or you and your heirs have different nationalities, which raises conflict-of-law and tax questions.
- You want to minimise estate and gift taxes within the rules of Aargau and the Swiss federation.
- You wish to disinherit or restrict the rights of compulsory heirs and want to know what is legally possible.
- You need help with a contested estate, a claim by an heir, or unclear documentation after a death.
- You want to set up a foundation or other long-term structure for charitable giving or asset protection.
Key aspects of Swiss and Aargau rules relevant to estate planning include the following:
- Compulsory heirs and reserved portions - Swiss law protects certain relatives as compulsory heirs. These persons cannot be entirely disinherited beyond a legally reserved portion. The most common compulsory heirs are spouses and children; in specific cases parents may have protection.
- Valid forms of testamentary dispositions - A valid will in Switzerland can be a holographic will, which must be entirely handwritten, dated and signed by the testator, or a public will made before a notary. An inheritance contract is a more binding tool agreed by two or more parties and generally requires notarisation.
- Intestate succession - If you die without a valid will, Swiss intestacy rules determine who inherits and in what order. Spouses and descendants normally inherit first, followed by parents and other relatives if there are no descendants.
- Matrimonial property regimes - The matrimonial property regime you are under affects the estate. The statutory regime in Switzerland is participation in acquired property, but prenuptial agreements or other regimes change how assets are divided on death or divorce and therefore alter the estate pool.
- Gifts and lifetime transfers - Gifts inter vivos reduce the estate and can have implications for compulsory shares. Formalities and tax treatment for gifts depend on value and timing.
- Taxation - Inheritance and gift taxes are levied at cantonal and municipal levels in Switzerland. Rates and exemptions vary across cantons and municipalities. Some close relatives may be exempt or receive preferential treatment; others may face levies. Check Aargau tax rules for specifics.
- Cross-border issues and choice of law - Swiss private international law allows certain choices about which national law governs succession, but property located in Switzerland is typically governed by Swiss succession rules. Cross-border estates commonly require specialised advice to coordinate laws and taxes.
- Administration and probate - While Swiss succession law is relatively streamlined, practical estate administration often involves local authorities, notaries, banks, the cantonal tax office and possibly courts. In Berikon you will deal with the municipal civil registry for death registration and with cantonal authorities for tax and probate matters.
Not strictly, but a will is the clearest way to make sure your wishes are followed. Without a will, Swiss intestacy rules determine distribution and may lead to outcomes you do not want. A will also helps prevent disputes and can address specific goals such as leaving assets to a partner who is not a spouse, providing for stepchildren, or appointing guardians for minors.
There are two common valid forms: a holographic will - which must be entirely handwritten by you, dated and signed - and a public will - which you make before a notary who records it. An inheritance contract is another formal instrument that requires notarisation and is binding on the parties. Incorrectly executed documents risk invalidity or later challenge.
Swiss law recognises compulsory heirs who have a protected share of the estate. Typically these are your spouse and children, and in some cases parents. You cannot fully disinherit compulsory heirs beyond the limits set by law, except in very narrow, legally specified circumstances. If you wish to reduce a compulsory heir's share you should get legal advice to understand what is permitted and how to do it properly.
Your matrimonial property regime affects what counts as part of the estate. Under the default regime partners participate in acquired property, meaning certain property remains personal while other property is shared. A prenuptial agreement can change these rules and therefore the amounts passed on at death. It is important to review the regime and update estate plans accordingly.
Assets located outside Switzerland are often governed by the law of the country where they are located. Cross-border estates require coordination of multiple legal systems and tax rules. Swiss law on private international matters also permits certain choices of governing law for succession, but these require precision and legal advice to avoid unintended results.
Inheritance and gift taxes are levied at cantonal and municipal level and rules vary across Switzerland. Aargau has its own rules, including possible exemptions and different rates for close relatives versus distant heirs. Because tax consequences can materially affect distribution, consult the Aargau cantonal tax office or a lawyer to understand the local tax treatment for your situation.
An inheritance contract is a bilateral or multilateral agreement on succession matters, and it is generally binding once properly executed. It is useful when parties want certainty and mutual commitments - for example, to preserve a family business, agree on support obligations, or fix inheritance shares between spouses. Inheritance contracts usually require notarisation and cannot easily be revoked without consent.
Unmarried partners do not automatically inherit under Swiss intestacy rules. If you want to provide for an unmarried partner you should use a will or other legal instruments such as beneficiary designations on pension plans or life insurance. Without such provisions, an unmarried partner may receive nothing under intestacy.
Gather identity documents, marriage or partnership certificates, birth certificates for children, property deeds, bank and securities account statements, pension documents, life-insurance policies, business ownership documents, previous wills or contracts, and a list of your digital accounts and passwords. Also prepare information on debts, mortgages and outstanding obligations. This helps a lawyer give accurate advice and draft appropriate documents.
Timing varies widely depending on the complexity of the estate, the presence of a valid will or inheritance contract, and whether disputes arise. Some estates can be settled in a few months; complex or contested estates can take years. Not all estates require court involvement - many matters are handled by notaries, banks and the tax office - but a court may become involved if there are disputes or unclear documentation.
Federal Office of Justice - for information on Swiss succession law, testamentary formalities and cross-border succession rules.
Cantonal authorities in Aargau - the Aargau cantonal tax office and the cantonal administration provide information on inheritance and gift tax rules and local administrative procedures.
Municipal civil registry - in Berikon the municipal civil registry office handles death registration and can advise on immediate administrative steps after a death.
Notaries and licensed lawyers - notaries handle public wills and inheritance contracts; lawyers with experience in succession law advise on disputes, cross-border issues and tax planning.
Swiss Bar Association and local bar associations - for lists of qualified attorneys and standards of practice in the canton of Aargau.
Public legal information portals - official Swiss government portals and cantonal websites provide accessible guidance and downloadable forms for common succession matters.
1. Take stock - prepare a clear inventory of assets, liabilities, and personal details for yourself and potential heirs. Include property deeds, account statements, pension and life-insurance policies, and business documents.
2. Decide your priorities - think about whom you want to benefit, how to protect dependents, whether you need continuity for a business, and whether you want to minimise taxes within legal limits.
3. Consult a professional - contact a local notary or an attorney in Aargau who specialises in succession law. If you have cross-border issues, choose a lawyer with international experience.
4. Create or update legal documents - draft a clear will, consider an inheritance contract if appropriate, set beneficiary designations for pensions and insurance, and create powers of attorney and an advance health directive.
5. Store documents safely and tell trusted people where they are - consider depositing a public will with a notary or ensuring close relatives and your lawyer know where the executed documents are kept. Register advance directives if required by the central registries.
6. Review periodically - life changes such as marriage, divorce, births, deaths, major changes in assets or moves abroad can require updates to your estate plan. Review your plan every few years or after major events.
If you need assistance, start by making a short list of questions and documents, and schedule an initial consultation with a local succession lawyer or notary in Berikon or the canton of Aargau to get practical, personalised guidance.
