Best Estate Planning Lawyers in Wohlen

About Estate Planning Law in Wohlen, Switzerland

Wohlen is a municipality in the canton of Aargau and is subject to Swiss federal law as well as cantonal rules that may affect estate matters. Estate planning in Wohlen follows the Swiss Civil Code - Zivilgesetzbuch (ZGB) - which sets out the main rules for wills, inheritance, compulsory portions for close relatives, and instruments such as inheritance contracts. Swiss law also provides mechanisms for advance planning - for example a Vorsorgeauftrag (advance mandate) and a Patientenverfügung (living will) - so that your wishes for financial, personal and health decisions are known and enforceable if you become unable to act.

Why You May Need a Lawyer

You may want or need a lawyer for estate planning in Wohlen in many common situations:

• Drafting a will or inheritance contract when you want legal certainty about validity and interpretation.
• Complex family situations - for example second marriages, blended families or adopted children - where statutory inheritance rules may not reflect your wishes.
• Business succession planning for a company based in Wohlen or the surrounding region - to organise ownership transfer, continuity and tax consequences.
• Cross-border assets or residency - where foreign law, double taxation or foreign beneficiaries are involved.
• Disputes among heirs - to advise on mediation, settlement or court proceedings.
• Tax and pension issues - to coordinate testamentary dispositions with cantonal inheritance tax rules and occupational pension (pillar 2) or private pension (pillar 3) beneficiary designations.
• Setting up advance directives and mandates - to ensure your Vorsorgeauftrag and Patientenverfügung are legally effective.
• When you need help locating or interpreting existing documents - wills, marriage contracts, divorce agreements, insurance and pension beneficiary forms.

Local Laws Overview

Key legal features that are particularly relevant in Wohlen and across Switzerland include:

• Swiss Civil Code - the ZGB sets the basic rules on legal succession, testamentary freedom and compulsory portions for certain relatives. Municipal and cantonal offices implement and register certain documents.
• Compulsory portions - Swiss law protects close relatives through reserved portions (Pflichtteile). These reserves limit how much you can freely leave away from certain heirs such as children, the spouse and, in some cases, parents.
• Valid forms for wills - a handwritten (holographic) will must be entirely in your handwriting and signed and dated. A public will is executed before a notary. Oral wills are exceptional and only valid in narrow emergency circumstances.
• Inheritance contracts (Erbvertrag) - a binding alternative to a unilateral will which must follow formal requirements and is often used in family or business succession planning.
• Marriage and property regimes - the matrimonial property regime (for example participation in acquired property - Errungenschaftsbeteiligung) affects the marital share of the estate. Marriage contracts can change the regime and thereby the estate outcome.
• Pensions and life-insurance - occupational pension benefits and life-insurance policies may be governed by separate rules and beneficiary designations, which can affect what passes through the estate.
• Cantonal inheritance tax - Switzerland does not have a uniform federal inheritance tax. Cantons may levy taxes and rules and exemptions differ by canton and by relationship to the deceased. Check canton of Aargau rules for local practice and rates.
• Adult protection law - the Vorsorgeauftrag and Patientenverfügung under Swiss law allow you to name someone to manage your affairs and make health decisions if you lose capacity. The adult protection authorities (Erwachsenenschutzbehörde) oversee incapacity issues.

Frequently Asked Questions

What makes a will valid in Switzerland and in Wohlen?

A valid will in Switzerland can be handwritten or public. A handwritten will must be entirely in your own handwriting, include the date and your signature. A public will is made before a notary and witnesses according to formal rules. Make sure it states your intentions clearly and complies with the formal requirements - a lawyer or notary in Wohlen can check or prepare the document.

What is an inheritance contract and how does it differ from a will?

An inheritance contract (Erbvertrag) is a mutual agreement between parties about succession rights and typically requires notarisation. Unlike a unilateral will, an inheritance contract is binding on the parties and harder to change. It is often used in business succession and where mutual commitments between future heirs are needed.

Who are the compulsory heirs and how do compulsory portions work?

Swiss law protects close relatives by granting reserved portions - compulsory parts that cannot be fully disinherited. These compulsory heirs typically include descendants and the spouse and, in some situations, the parents. The exact size of reserved portions and the legal consequences are governed by the ZGB. If you plan to deviate from statutory shares, consult a lawyer to understand limits and possible tax or legal consequences.

Do I need a notary to create a valid will in Wohlen?

A handwritten will does not require a notary to be valid. However, using a notary to prepare a public will or review a handwritten will increases legal certainty, reduces the risk of later disputes, and may be advisable for complex estates or where formalities may be questioned.

How are pensions and occupational benefits handled when someone dies?

Pension entitlements and occupational pension schemes (pillar 2) follow special rules that are partly outside ordinary estate distribution. Beneficiary designations in pension and insurance documents may determine recipients. Review pension plans and beneficiary forms with a lawyer or the pension fund to ensure your pension wishes align with your estate plan.

Is there inheritance tax in Wohlen - in the canton of Aargau?

Switzerland leaves inheritance and gift taxation to the cantons. Rules, rates and exemptions vary by canton and relationship to the deceased. You should check the canton of Aargau tax rules or ask a local tax advisor or lawyer in Wohlen to understand possible tax liabilities for heirs and optimise planning where appropriate.

What should I do if I have assets in another country?

Cross-border estates add complexity - foreign law, probate procedures and tax rules may apply to assets located outside Switzerland. It is important to coordinate Swiss estate documents with estate planning in the other jurisdiction, and to consult lawyers familiar with international succession or a Swiss lawyer who works with foreign counsel.

How can I appoint someone to manage my affairs if I become incapacitated?

Swiss law recognises a Vorsorgeauftrag (advance mandate) where you name a trusted person to manage your property and personal matters if you lose capacity. A Patientenverfügung (living will) states your medical wishes. Draft these documents carefully - a lawyer or notary can help ensure they are clear and legally effective.

What steps are taken after someone dies in Wohlen - who manages the estate?

After death heirs should secure assets, locate the will, notify banks, insurance and the pension fund, and obtain the death certificate from the civil registry. Heirs often agree on estate administration. If necessary, courts or notaries may issue an inheritance certificate (Erbschein or Erbenausweis) that proves entitlement. A lawyer can advise on the administration process and formalities in Aargau.

Can a will be contested in Switzerland and how common are disputes?

Yes, wills can be contested for reasons such as lack of capacity, invalid form, undue influence or claims to compulsory portions. Disputes can be resolved by negotiation, mediation or litigation. A proactive, well-drafted estate plan reduces the risk of disputes - legal advice helps ensure clarity and compliance with rules that protect reserved heirs.

Additional Resources

For authoritative information and local help consider these bodies and organisations:

• Canton of Aargau - Department of Justice or the relevant cantonal authority for inheritance and adult protection questions.
• Municipal offices in Wohlen - the local Zivilstandsamt or civil registry for death certificates and registrations.
• Swiss Federal Office of Justice - publishes general guides and texts of the Zivilgesetzbuch (ZGB).
• Notaries and licensed attorneys in Wohlen and canton Aargau - for drafting formal documents and legal representation.
• Aargau Bar Association or local legal professional associations - for referrals to lawyers specialising in inheritance and family law.
• Pension funds and insurance companies - to obtain information on beneficiary designations and payout rules for pillar 2 and private insurance policies.
• Erwachsenenschutzbehörde - the adult protection authority that handles incapacity matters and the enforcement of advance mandates.

Next Steps

If you need legal assistance with estate planning in Wohlen, follow these practical steps:

1. Take stock - make an inventory of assets, liabilities, pensions, insurance policies and any existing wills, marriage contracts or powers of attorney.
2. Clarify objectives - decide who you want to benefit, any special gifts, and whether you need business succession or cross-border coordination.
3. Document advance directives - consider a Vorsorgeauftrag and Patientenverfügung to cover incapacity situations.
4. Consult a specialist - contact a notary or lawyer in Wohlen or canton Aargau experienced in inheritance law to draft or review wills, inheritance contracts and other instruments.
5. Review beneficiaries - check pension and life-insurance beneficiary forms and update them to match your estate plan.
6. Keep records safe - store original signed wills and key documents in a secure place and tell a trusted person where they are, or register them with a notary or local authority if appropriate.
7. Review regularly - revisit your plan after major life events - marriage, divorce, births, deaths, moves abroad or significant changes in assets.

Getting tailored legal advice early helps reduce uncertainty, manage tax consequences and protect your intentions for heirs. If you are unsure where to start, arrange an initial consultation with a local attorney or notary in Wohlen to discuss your situation and options.