Best Estate Planning Lawyers in Dornach

About Estate Planning Law in Dornach, Switzerland

Estate planning in Dornach takes place within the framework of Swiss federal law and the practices of the Canton of Solothurn. The Swiss Civil Code governs succession, wills, matrimonial property, and probate. Cantonal rules apply to inheritance and gift taxes and to the way notaries and authorities handle documents and estate administration. In practical terms, most planning tools are familiar worldwide - wills, marital property agreements, advance care directives, powers of attorney, life insurance and pension beneficiary designations - but Swiss law contains important features such as forced heirship and specific formalities for wills. If you live in Dornach, your plan should align with both federal rules and Solothurn procedures so that your wishes are carried out smoothly and tax efficiently.

Why You May Need a Lawyer

Many people in Dornach manage straightforward affairs without disputes, but legal advice is valuable whenever your goals could be affected by Swiss rules or cross-border issues. Common reasons to hire an estate planning lawyer or notary include the following. You want to respect forced heirship while still directing assets to a spouse or partner, or to a charity. You have a blended family and wish to protect children from a prior relationship. You own a business or significant real estate and want a workable succession plan. You are a foreign national in Switzerland, or you own assets in more than one country. You wish to coordinate your will with pension and life insurance beneficiaries. You need a valid Swiss will or a public will before a notary. You want to reduce or plan for cantonal inheritance and gift taxes. You wish to prepare a Swiss advance care directive and powers of attorney in case of incapacity. You want to prevent disputes by appointing a professional executor and by documenting intent clearly. You need help with probate after a death, including obtaining a certificate of inheritance for banks and asset holders.

Local Laws Overview

Forced heirship after the 2023 reform - Swiss law protects certain heirs with compulsory shares. Descendants have a compulsory share equal to one half of their statutory entitlement. Spouses and registered partners retain a compulsory share equal to one half of their statutory entitlement. Parents no longer have compulsory shares. Within the remaining freely disposable portion you can make gifts or bequests to anyone you choose.

Types of wills - A handwritten will must be entirely written, dated, and signed by the testator. A public will is executed before a notary with required witnesses according to cantonal practice. An oral emergency will is allowed only in exceptional, urgent circumstances and must be converted to a formal document as soon as possible. In Solothurn, public wills are handled by public notaries. You can deposit your will with a notary or the competent authority to help ensure it is found after death.

Matrimonial and partnership property - Your marital or registered partnership property regime strongly affects what enters your estate. The default for married couples is participation in acquired property, unless you sign a marital agreement for community or separation of property. Registered partners have rules similar to separation of property unless otherwise agreed. Cohabiting partners do not inherit automatically and must be provided for by will or contract.

Intestacy rules - If there is no will, Swiss statutory succession applies. Descendants inherit first, sharing with a spouse or registered partner. If there are no descendants, parents and their descendants inherit, again sharing with a spouse or registered partner. Without these, more distant relatives may inherit. Cohabiting partners and stepchildren do not inherit by default.

Estate administration in Solothurn - After a death, the competent inheritance authority can issue a certificate of inheritance that banks and registries require. Heirs can accept or reject an inheritance. Heirs are generally liable for the deceaseds debts unless they reject the estate or follow protective procedures such as a public inventory where available. Deadlines apply, typically three months to accept or reject after you learn of your entitlement.

Taxes in the Canton of Solothurn - Inheritance and gift taxes are set cantonal by canton. In Solothurn, transfers to a spouse or registered partner and to direct descendants are generally exempt. Transfers to more distant relatives and unrelated persons are taxed at progressive rates. Lifetime gifts can also be taxed. Proper planning can reduce taxes, for example by using the freely disposable portion, charitable gifts, or timing of transfers.

Pensions and life insurance - Benefits from occupational pensions and tied pension savings often follow statutory beneficiary orders and may be paid directly to beneficiaries outside the probate estate. Nevertheless, they can influence compulsory shares and require careful coordination. Review and update beneficiary forms and consider their interaction with your will.

International aspects - If you are a foreign national domiciled in Dornach, you can usually choose the law of your nationality to govern your estate by stating this in your will. Without a choice, Swiss law typically applies to your worldwide movable assets, while real estate is often governed by the law of its location. Cross-border assets and tax consequences deserve specific advice.

Frequently Asked Questions

What is forced heirship and how much freedom do I have after the 2023 reform

Forced heirship protects certain heirs by guaranteeing them a minimum share. Since 1 January 2023, children have a compulsory share equal to one half of their statutory inheritance. Spouses and registered partners retain a compulsory share of one half of their statutory inheritance. Parents no longer have a compulsory share. You can dispose freely of the remainder, called the freely disposable portion, through your will or gifts during life, subject to clawback rules for excessive lifetime transfers.

How can I make a valid will in the Canton of Solothurn

You can write a handwritten will entirely by your own hand, including the date and your signature. Alternatively, you can execute a public will before a Solothurn notary with the required witnesses. Keep the document clear and specific, appoint an executor if desired, and consider depositing the will with a notary or the competent authority so it is located promptly after your death.

What happens if I die without a will

Intestacy rules apply. Your spouse or registered partner and your descendants inherit according to statutory shares. If there are no descendants, your spouse or partner shares with your parents or their descendants. Without those heirs, more distant relatives may inherit. Cohabiting partners and stepchildren do not inherit unless you provide for them in a will or contract.

Do cohabiting partners or stepchildren inherit in Switzerland

No, not by default. Unmarried partners and stepchildren have no statutory right to inherit. If you wish to provide for them, you must use your freely disposable portion in a will or contract. In some situations, beneficiary designations on pensions or life insurance can be directed to a cohabiting partner within the limits set by law.

What inheritance or gift taxes apply in Solothurn

Solothurn levies inheritance and gift taxes, but transfers to a spouse or registered partner and to direct descendants are generally exempt. Transfers to siblings, other relatives, and unrelated persons are taxed, with rates depending on the relationship and the value transferred. Planning the timing and recipients of gifts and bequests can reduce tax. Always check current cantonal rates before acting.

How do matrimonial property rules affect my estate

Before calculating inheritances, the couple first settles their matrimonial property. Under the default regime, each spouses acquired property is divided, and each retains personal property. A marital agreement can change the regime. The settlement determines what actually enters the deceaseds estate and therefore what shares and compulsory portions are calculated on.

How can I protect a family business or real estate for one child

Use a combination of tools. A will can allocate the business to a specific heir and provide balancing payments to others within the freely disposable portion. Shareholder agreements and foundation statutes can control management and transfer. Lifetime measures such as gifts with usufruct, pre or post nuptial agreements, and financing plans for equalization can help. The 2023 reform gives slightly more freedom to structure business succession.

I am a foreign national living in Dornach - can I choose my national law

Usually yes. A foreign national domiciled in Switzerland can elect the law of their nationality to govern their estate by stating this in a will. Absent a choice, Swiss law typically governs. Real estate abroad may still be subject to the law of its location. Coordinate with advisors in all relevant countries to manage conflicts and taxes.

Can I reject an inheritance and what is the deadline

Yes. Heirs can accept or reject an inheritance. You generally have three months from when you learn of your entitlement to declare rejection to the competent authority. Within that period you can also request protective measures such as an inventory. If you accept, you can become liable for the deceaseds debts, so seek advice promptly if the estate might be insolvent.

How do pensions and life insurance interact with my will and compulsory shares

Occupational pensions and tied pension savings often pay death benefits directly to beneficiaries by law or by designation, sometimes outside the probate estate. Life insurance may also pay directly. Even so, large transfers can affect compulsory shares and may be considered when calculating reductions or compensations. Review all beneficiary designations and coordinate them with your will to avoid conflicts and unintended outcomes.

Additional Resources

Canton of Solothurn Notary Services - Public notaries who prepare and notarize wills, marital agreements, and estate documents, and can hold wills in safe deposit.

Dorneck Thierstein Civil Registry Office - Local civil registry for the Dornach area that records vital events and can guide you to the competent inheritance authority after a death.

Canton of Solothurn Inheritance and Gift Tax Office - Provides rules and forms for inheritance and gift taxation and can estimate taxes on planned transfers.

Swiss Civil Code and related federal guidance - Core legal texts for inheritance, matrimonial property, and successions.

Swiss Federal Office of Justice - Information on private international law and choice of law for estates with cross border elements.

Swiss Bankers Association guidelines - Practical guidance on accessing bank accounts after a death and documents banks require, such as the certificate of inheritance.

Pro Senectute - A national organization that offers information and counseling on planning for aging, advance directives, and estates.

Local Bar Association and Notaries Association in Solothurn - Directories to find qualified estate planning lawyers and notaries who practice near Dornach.

Next Steps

Clarify your goals. Decide whom you want to benefit, who should manage your estate, and what protections your loved ones need. Consider business, real estate, and cross border issues.

Gather information. List your assets and debts, family structure, existing marital or partnership agreements, pension and insurance policies with beneficiaries, and prior wills.

Consult a local professional. Arrange a meeting with a Solothurn based estate planning lawyer or notary to discuss options within Swiss law and any international coordination you need.

Prepare core documents. Typically this includes a will, possibly a marital or partnership property agreement, an advance care directive, and financial and medical powers of attorney. Update pension and insurance beneficiary designations to match your plan.

Consider tax planning. Ask about Solothurn inheritance and gift taxes and whether lifetime gifts, charitable bequests, or other steps can improve outcomes.

Execute and store documents correctly. Follow Swiss formalities, sign before a notary when required, and deposit your will with a notary or the competent authority so it is found. Tell your executor and key family members where documents are stored.

Review regularly. Revisit your plan after major life events such as marriage, divorce, births, business changes, or a move to or from Switzerland. Update documents and beneficiaries to keep everything aligned.

If someone has died and you need probate help, contact a local lawyer or notary promptly. Bring the death certificate, any will, identification, and an asset list. Ask about the certificate of inheritance, deadlines to accept or reject, and protective measures such as an inventory when debts are uncertain.