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About Private Client Law in Chur, Switzerland

Private Client law covers the legal needs of individuals and families - matters such as estate planning, succession, wills, marriage and partnership agreements, probate, powers of attorney, healthcare directives, tax planning, real estate ownership, asset protection and cross-border wealth issues. In Chur, the capital of the canton of Graubünden, Private Client work is governed by Swiss federal law together with cantonal rules and practices. Legal advice in Chur often combines knowledge of the Swiss Civil Code and obligations law with local practice at the cantonal courts, the cantonal land register and cantonal tax authorities. German is the main working language, although many local lawyers and advisers will work in English and other languages on request.

Why You May Need a Lawyer

Private Client matters frequently involve high financial and personal stakes, emotional stress and complex interactions between family law, tax law and property law. You are likely to need a lawyer if you are facing any of the following situations:

- Drafting or updating a will or succession plan to reflect your wishes and to reduce the risk of disputes.

- Managing the estate of a deceased family member, including opening probate and dealing with creditors and heirs.

- Negotiating matrimonial property regimes, prenuptial or postnuptial agreements, or dealing with divorce financial settlement issues.

- Administering family businesses or planning a company succession.

- Buying or selling real estate in Chur or elsewhere in Graubünden, particularly if cross-border ownership or inheritance is involved.

- Handling cross-border assets, residency changes, or international tax and reporting obligations.

- Preparing powers of attorney and advance healthcare directives to ensure decision-making capacity is preserved.

- Disputes between heirs, contested wills, or claims against an estate.

- Advising on asset protection while remaining compliant with Swiss and international law.

Local Laws Overview

Switzerland has a two-tier legal framework that is important for Private Client matters. The Swiss Civil Code sets out fundamental rules on family law, marriage and registered partnerships, succession and inheritance. The Code of Obligations covers contract law and related commercial issues. In addition, cantonal law and practice affect areas such as land registration, notarial acts and taxation.

Succession and forced heirship - Swiss law contains rules that secure a reserved portion for close family members. That means you cannot always freely dispose of your full estate without regard to statutory heirs. The exact impact depends on family circumstances, so tailored legal advice is essential.

Notaries and formalities - many important Private Client acts should be notarized or put in a written and witnessed form. This is particularly true for real estate transactions, certain wills and marriage contracts. Notarial practice is organised at the cantonal level, and notaries in Graubünden can assist with drafting and authenticating documents.

Real estate and the cantonal land register - ownership and other rights in land are recorded in the cantonal land register. For property in or near Chur, the Graubünden land register is decisive for proof of title and priority of rights. Any transfer of real estate generally requires notarization and registration.

Taxation - taxes relevant to Private Client work include income tax, wealth tax and inheritance or gift taxes. Tax rates and exemptions can vary by canton. Switzerland has an extensive network of double tax treaties, but cross-border situations often create complex reporting and planning needs. You should coordinate legal and tax advice.

Cross-border and international instruments - Switzerland recognises certain international conventions and foreign legal instruments. For example, foreign wills or trusts may be relevant when assets are held abroad. If foreign trusts or estates are involved, you will typically need lawyers with cross-border experience and knowledge of international treaties and conventions that Switzerland has implemented.

Court and procedural matters - disputes about inheritance, family law or property are heard in the cantonal courts. Chur is the seat of the cantonal judiciary for Graubünden and hosts district and cantonal level courts. Representation before courts is subject to professional admission rules - local counsel is often required or strongly advisable.

Frequently Asked Questions

What is the first step if a close relative has died and left assets in Chur?

Begin by securing important documents - the will, bank statements, property deeds, insurance policies and any known contracts. Notify the relevant authorities and financial institutions. Contact a local Private Client lawyer or notary to open probate or estate administration and to advise on statutory deadlines and creditor claims.

Do I need a notary to make a will in Switzerland or in Graubünden?

A will can be handwritten and valid if it meets formal requirements, but notarial wills offer greater legal certainty and can reduce later disputes. Notarial assistance is particularly recommended when cross-border issues, multiple languages or significant assets are involved.

How does Swiss forced heirship affect my ability to leave assets to non-family members?

Swiss forced heirship rules protect certain close relatives by reserving a portion of the estate for them. That means you may be limited in how much of your estate you can freely will to non-family members. The exact reserved portions depend on your family situation. A lawyer can help structure your estate within those rules and consider tools such as gifts during life or other planning options.

Can foreign residents own property in Chur or elsewhere in Graubünden?

Yes, but foreign ownership is subject to federal and cantonal restrictions in certain cases, particularly for holiday homes. Purchases commonly require notarial deeds and registration in the land register. A local lawyer or notary should verify eligibility and handle the property documentation.

What should I include in a power of attorney or advance healthcare directive?

A power of attorney should clearly state the powers granted, any limitations, the term of validity and the identity of the agent. An advance healthcare directive should set out your medical treatment preferences and appoint a trusted person to make healthcare decisions if you cannot. Formal written documentation, possible notarization and registration with relevant authorities or family members are recommended.

How are inheritance taxes handled in Graubünden?

Inheritance tax is regulated at cantonal level, so rates and exemptions differ across Switzerland. Some cantons exempt direct descendants or spouses, while others apply taxes with varying rates. You should consult the Graubünden cantonal tax office or a local tax lawyer to understand potential liabilities and planning options.

If I have assets in more than one country, how do I plan my succession?

Cross-border estates require coordinated planning that accounts for the succession laws of each jurisdiction, double tax treaties and recognition of foreign wills or trusts. Consider a will that covers international assets, use of local legal counsel in each jurisdiction and coordinated tax advice to avoid double taxation and legal conflicts.

What are typical lawyer fee structures for Private Client work in Chur?

Fees are commonly charged by the hour or on the basis of a fixed fee for defined tasks. Some matters may involve hourly rates plus disbursements. Contingency or success fees are less common for standard Private Client work. Always request a written engagement letter that sets out scope, fee structure and billing arrangements.

Can family disputes over an estate be resolved outside of court?

Yes. Mediation and negotiated settlements are common and often preferable to litigation in family matters. A lawyer can represent you in mediation or help structure a settlement. Mediation can preserve family relationships and reduce cost and time compared with court proceedings.

How do I choose the right Private Client lawyer in Chur?

Look for a lawyer with specific Private Client experience, knowledge of Swiss federal law and Graubünden practice, and familiarity with cross-border issues if relevant. Check language skills, ask about recent similar matters handled, verify admission to the cantonal bar, and request an engagement letter that clarifies fees, scope and the expected timeline.

Additional Resources

Federal and cantonal authorities and professional bodies can provide reliable information and assistance. Useful contacts to consult include the Swiss Federal Office of Justice for information on federal legal frameworks, the Federal Tax Administration for federal tax matters, and the Cantonal Tax Office of Graubünden for cantonal tax rules.

For court and procedural questions, the Cantonal Court and local district courts in Graubünden can provide information on procedures and local practice. Notaries in Graubünden can assist with authenticated documents and land register matters. The Swiss Bar Association and the local bar association in Graubünden are useful for finding qualified lawyers and understanding professional standards.

Professional advisers such as chartered accountants, tax advisers and fiduciaries in Graubünden can help with complex tax and financial planning. If you have assets abroad, consider advisers with international experience and knowledge of relevant double tax treaties and estate administration practices in the jurisdictions involved.

Next Steps

1. Gather key documents - wills, property deeds, bank statements, insurance policies, marriage or partnership contracts, birth and death certificates and any prior legal agreements. Organise an inventory of assets and liabilities and note locations and account details where possible.

2. Identify your priorities - do you need urgent estate administration, dispute resolution, tax planning or a new estate plan? Clarifying priorities will help your lawyer propose the right next actions.

3. Contact a local Private Client lawyer or notary - choose someone admitted in Graubünden with relevant experience. Ask for an initial consultation to discuss your matter, possible strategies, timeline and fees.

4. Coordinate with other advisers - involve a tax adviser, accountant or foreign counsel when cross-border assets, businesses or complex tax issues are involved.

5. Put documents in order - sign and notarize powers of attorney, healthcare directives, wills or matrimonial agreements as recommended. Ensure beneficiaries and heirs know where to find key documents.

6. Review and update periodically - family, financial and legal circumstances change. Regular review ensures that plans remain effective and compliant with current law.

If you are unsure where to begin, request an initial meeting with a Private Client lawyer in Chur to get a plain-language assessment of your situation and a pragmatic action plan.

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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.