Best Inheritance Law Lawyers in Triesen

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Roth+Partner Rechtsanwälte AG
Triesen, Liechtenstein

Founded in 1997
50 people in their team
German
English
Our law firm was founded in 1997. Since then, we have grown steadily and sustainably. Our clients value our solution-oriented, efficient and consistent representation of their interests. Our clients include leading companies from finance, industry and commerce, entrepreneurs, private individuals as...
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About Inheritance Law in Triesen, Liechtenstein

Inheritance law in Liechtenstein is part of the civil law system and governs how a person’s assets are distributed after death. In Triesen, as in the rest of the country, the rules apply to real estate, bank accounts, and other property located within Liechtenstein. The law covers legal succession, wills, and testamentary arrangements, as well as agreements between heirs such as Erbverträge. It also addresses matters related to guardianship for minor heirs and the administration of estates by executors or administrators.

The legal framework emphasizes both freedom to dispose of assets by will or contract and protected rights for certain heirs under Pflichtteil rules. This means even if a person leaves a will, certain relatives may still be entitled to a legally defined portion of the estate. Understanding these protections helps residents of Triesen plan effectively and avoid disputes after death.

For residents facing cross-border estates or international heirs, Liechtenstein inheritance law interacts with foreign jurisdictions and requires careful navigation. A local Rechtsanwalt (lawyer) can explain how Liechtenstein rules apply to a case involving assets in Princely Liechtenstein and abroad, or multiple jurisdictions. This guide provides an overview and practical steps for getting capable legal help in Triesen.

Source: Gesetze.li - Liechtenstein Civil Code (Erbrecht provisions) and related inheritance concepts. See also the official government database for current text and amendments: https://www.gesetze.li
Source: Regierung des Fürstentums Liechtenstein - government information on probate, notarial processes, and official procedures in Liechtenstein. See https://www.regierung.li

Why You May Need a Lawyer

Hiring a local inheritance lawyer in Triesen can prevent costly mistakes and ensure your rights are protected. The following real-world scenarios illustrate when legal help is essential.

  • A family owns a villa in Triesen and wants to draft a will that specifies who inherits the house, while ensuring compliance with Pflichtteil rights for a child. A Rechtsanwalt can draft a valid testament and explain unavoidable protections for close relatives.
  • There is no will and two siblings disagree about who should act as administrator and how assets should be divided. An attorney can help negotiate, prepare a legally binding Erbvertrag if appropriate, and represent the estate in probate proceedings.
  • An heir living abroad challenges a will that disinherits them or disputes the calculation of their Pflichtteil. A Liechtenstein attorney can coordinate cross-border legal action and interpret local rules in the context of foreign law.
  • Bank accounts, mandates, and land registry entries need to be updated after the death of a resident. A lawyer can prepare the necessary documents and liaise with notaries and banks to ensure proper title transfer.
  • A testator wishes to create a multinational will that touches Liechtenstein assets and assets in neighboring countries. A Rechtsanwalt can draft a cohesive cross-border testament and advise on tax and succession implications.
  • A dispute arises over a suspected invalid will due to capacity concerns or alleged coercion. A lawyer can collect evidence, challenge or defend the will, and represent the estate in court if needed.

Local Laws Overview

The Liechtenstein civil framework that governs inheritance is built around the Civil Code and related provisions. The main statutory framework addresses legal succession, testamentary dispositions, and contracts between heirs. Practically, this means how a will, Erbvertrag and Pflichtteil rights interact with estate administration and asset transfers in Triesen.

  • Bürgerliches Gesetzbuch des Fürstentums Liechtenstein (BGB) - The Liechtenstein Civil Code that contains Erbrecht provisions, including legal succession, testamentary dispositions, and contracts on inheritance (Erbverträge). This is the primary source for how estates are distributed in Liechtenstein.
  • Erbverträge und Pflichtteil - Provisions within the BGB that govern agreements among potential heirs and the protected shares for certain relatives (Pflichtteil). These rules affect how a testator can arrange the distribution of assets while respecting Pflichtteil rights.
  • Testamentsrecht und Aufnahme ins Grundbuch - Rules about will validity, testamentary formalities, and how transfers of Liechtenstein real property are recorded in the land registry after death. A notary or Rechtsanwalt often handles these formalities to ensure they are compliant.

Notes on dates and changes: the Liechtenstein Civil Code has undergone amendments in the 2020s to keep practice aligned with modern administration and cross-border considerations. For current text and exact article numbers, consult Gesetze.li and the government portal for any recent updates.

Source: Gesetze.li - official database for Liechtenstein laws, including Erbrecht provisions within the BGB. See https://www.gesetze.li
Source: Regierung des Fürstentums Liechtenstein - official information on probate, notarial actions, and estate administration in Liechtenstein. See https://www.regierung.li

Frequently Asked Questions

What is Erbrecht in Liechtenstein?

Erbrecht is the branch of law that governs who inherits a deceased person’s assets in Liechtenstein. It includes legal succession, possible testaments, and inheritance contracts. The rules apply to property located in Liechtenstein and to beneficiaries under Liechtenstein law.

How do I start probate in Triesen?

Begin by gathering death certificates, wills or Erbverträge, asset lists, and identification documents. Contact a Liechtenstein Rechtsanwalt to initiate probate, file necessary papers with the competent authority, and coordinate with notaries and banks.

When does the Pflichtteil apply?

Pflichtteil protections apply to certain close relatives even when a will or Erbvertrag disposes of assets. The exact portion depends on the relationship and the estate structure under the Civil Code.

Where can I file a will or Erbvertrag in Liechtenstein?

Wills and Erbverträge are typically prepared with a notary and may require registration with the probate authority. A Rechtsanwalt can guide you to the correct filing offices in Triesen or the regional seat.

Why should I hire a Liechtenstein inheritance lawyer?

A lawyer ensures the will or contract complies with Liechtenstein law, reduces risk of disputes, and handles court or probate proceedings efficiently. Local experience helps address cross-border issues and land registry transfers.

Do I need to translate documents for Liechtenstein probate?

Documents not in German generally must be translated, and translations may need to be certified. A lawyer can arrange certified translations and ensure the translation aligns with local forms.

Should I sign a testament or Erbvertrag without a lawyer?

It is risky to proceed without legal advice. Notarization and correct phrasing are crucial for enforceability, especially when Pflichtteil rights or cross-border assets are involved.

Is there a difference between a will and an Erbvertrag in Liechtenstein?

Yes. A will is a unilateral document expressing a person’s wishes, while an Erbvertrag is a contract among heirs that binds future disposition of assets. Both have specific formal requirements under Liechtenstein law.

What documents should I bring to my first consultation?

Bring death certificates, any existing wills or Erbverträge, list of assets in Liechtenstein, real estate titles, bank statements, and proof of kinship. These items help the lawyer assess the estate quickly.

How much does an inheritance lawyer cost in Liechtenstein?

Costs vary by case complexity and matter size. Typical fees may include an hourly rate or fixed retainer for a specific service, plus notarial or court fees. Ask for a written estimate during the initial consultation.

How long can probate take in Liechtenstein?

Probate duration depends on asset complexity, number of heirs, and cross-border issues. Simpler estates often finalize in several months, while complex matters can take a year or more with court involvement.

Can inheritance matters involve cross-border assets?

Yes. Liechtenstein law may interact with Swiss, Austrian, or other jurisdictions. A local Rechtsanwalt can coordinate with foreign counsel and address tax and registration issues across borders.

Is a will enforceable if the testator was pressured to sign?

Potential coercion or lack of capacity can affect validity. A lawyer can assess signs of undue influence and challenge the document if needed through probate or court proceedings.

Additional Resources

Use these official resources to verify laws, forms, and procedures related to inheritance in Liechtenstein.

  • Gesetze.li - Official database of Liechtenstein laws, including the Erbrecht provisions of the Civil Code. Useful for checking current text and article references. https://www.gesetze.li
  • Regierung des Fürstentums Liechtenstein - The government portal with notices on probate procedures, notarial requirements, and official guidance for residents. https://www.regierung.li
  • Liechtenstein Tax Administration (Steuerverwaltung) - Provides information on tax implications related to estates and gifts, where applicable for Liechtenstein residents. https://www.llv.li/steuer

Next Steps

  1. Identify your objective and gather all assets in Liechtenstein related to the estate. This includes real estate, bank accounts, and any debts.
  2. Contact a local Rechtsanwalt experienced in Erbrecht to assess your case and offer an initial consultation. Schedule within 1-2 weeks after collecting documents.
  3. Request a written estimate and define a scope of work, including probate, will drafting, or Erbverträge. Expect a contract within 1-2 weeks after the consultation.
  4. Choose whether to draft a Will or pursue an Erbvertrag, and confirm notarial requirements. Complete execution within 2-6 weeks if possible.
  5. Prepare and file probate or inheritance documents with the appropriate Liechtenstein offices. Allow 1-3 months for initial processing, longer for complex estates.
  6. Coordinate with banks and land registry for asset transfers and title updates. Plan for 1-4 months depending on the number of institutions involved.
  7. Review and respond to any requests from authorities or heirs promptly to avoid delays or disputes. Monitor progress with your attorney and adapt timelines as needed.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.