Best Trusts Lawyers in Arlesheim

About Trusts Law in Arlesheim, Switzerland

Arlesheim is in the canton of Basel-Landschaft. Switzerland is not a classic trust jurisdiction under domestic civil law, but Switzerland recognizes trusts created under foreign law. This recognition follows Switzerland’s ratification of the Hague Convention on the Law Applicable to Trusts and on their Recognition in 2007. In practice, many residents and businesses in and around Arlesheim use trusts governed by foreign laws such as England and Wales, Jersey, Guernsey, Singapore, or Liechtenstein, and administer those trusts from Switzerland.

Under Swiss private international law and the Hague Trust Convention, a properly constituted foreign law trust can be recognized in Switzerland. Recognition includes segregation of trust assets from the trustee’s personal estate. Key roles are the settlor, trustee, beneficiaries, and often a protector. The trust deed and the governing law chosen in that deed are central to how the trust operates.

Professional trustees operating in or from Switzerland are subject to financial regulation. Since 2020, trustees who conduct business on a professional basis generally require a license under the Swiss Financial Institutions Act and are supervised by FINMA. Anti money laundering rules apply to many trust related services. There is currently no domestic Swiss trust as a creature of Swiss civil law, so new trusts are typically set up under foreign law and then recognized in Switzerland.

Why You May Need a Lawyer

You may need a lawyer if you plan to create a trust to hold family wealth, a business, or charitable assets while living in Arlesheim or relocating to Switzerland. A lawyer helps you choose a suitable governing law, draft the trust deed, and coordinate with foreign counsel. Where Swiss assets are involved, such as bank accounts or real estate, local advice is essential to navigate transfer formalities, land registry requirements, and regulatory constraints.

Tax planning is a common driver. Swiss tax treatment differs by canton and by the type of trust, for example revocable versus irrevocable, discretionary versus fixed interest. A lawyer can coordinate a pre filing discussion or advance ruling with the Basel-Landschaft tax authorities when appropriate, and ensure correct filings for settlors or beneficiaries who are Swiss resident.

Regulatory compliance may require legal guidance. Swiss based professional trustees generally need a FINMA license and must comply with anti money laundering duties. Even when you are not a professional trustee, banks in the region will request detailed documentation for account opening, and a lawyer can streamline the know your customer process.

Disputes and sensitive life events also call for counsel. Examples include enforcing or challenging a foreign trust in Swiss courts, addressing forced heirship concerns under Swiss inheritance law, dealing with divorce or succession claims that involve trust assets, replacing a trustee, or migrating a trust into or out of Switzerland.

Local Laws Overview

Recognition of foreign trusts. Switzerland recognizes foreign law trusts under the Hague Trust Convention. The trust is governed by the law chosen in the trust deed. Swiss courts and authorities will generally respect the trust’s existence, the separation of trust assets, and the trustee’s powers, subject to Swiss public policy and mandatory Swiss rules.

Private international law. The Swiss Private International Law Act sets conflict of laws rules. The chosen governing law of the trust is respected provided the choice is valid under the Convention. Swiss courts may apply overriding mandatory provisions, for example certain matrimonial or inheritance protections, if the matter has a strong Swiss nexus.

Regulation of trustees. The Financial Institutions Act regulates professional trustees in Switzerland. Licensing, ongoing prudential requirements, and affiliation with a supervisory organization are part of this framework. The Anti Money Laundering Act imposes customer due diligence, beneficial owner identification, and reporting duties on financial intermediaries, including many trustees and trust service providers.

Taxation. Swiss tax treatment of trusts depends on the structure and facts. In general, revocable trusts are tax transparent with income and wealth attributed to the settlor. Irrevocable fixed interest trusts are often taxed at the beneficiary level. Irrevocable discretionary trusts are commonly treated as having no immediate tax attribution until a distribution, subject to exceptions. Federal income tax is paired with cantonal and communal taxes. Inheritance and gift taxes are levied at the cantonal level. Basel-Landschaft applies its own rules and rates, with significant relief for close family transfers in many cases. Current rates and exemptions should be confirmed with the cantonal tax office.

Reporting and transparency. Trustees and structures involved with Swiss financial institutions may be subject to the Common Reporting Standard and potentially FATCA for US persons. Data protection duties apply under the revised Swiss Federal Act on Data Protection.

Real estate and other assets in Switzerland. Transfers of Swiss real estate into or out of a trust require land registry formalities and may trigger real estate transfer taxes. The Federal Act on the Acquisition of Real Estate by Persons Abroad can restrict acquisitions involving foreign persons. Where the trustee is foreign, specialist advice is needed before placing Swiss real estate into a trust.

Inheritance and family law. Swiss inheritance law was revised with effect from 1 January 2023, which reduced certain forced heirship shares and expanded testamentary freedom. Forced heirship may still affect planning where a settlor is Swiss domiciled or assets are located in Switzerland. Coordination between the trust deed, a will, and any matrimonial property agreement is important to reduce litigation risk.

Court jurisdiction and procedure. Disputes in Arlesheim fall under the courts of Basel-Landschaft, applying Swiss procedural law. Time limits for claims and evidentiary standards can be decisive in trust related litigation. Interim relief may be available to protect assets located in Switzerland.

Frequently Asked Questions

Can I set up a Swiss trust in Arlesheim?

There is currently no domestic Swiss trust under Swiss civil law. People in Arlesheim typically establish a trust under foreign law and have it recognized in Switzerland under the Hague Trust Convention.

Which governing law should I choose for my trust?

Common choices include the laws of England and Wales, Jersey, Guernsey, Singapore, or Liechtenstein. The right choice depends on your goals, asset types, family situation, and the need for features like reserved powers or robust protector provisions. A Swiss lawyer will coordinate with foreign counsel to align the governing law with Swiss tax and regulatory considerations.

How are trusts taxed in Basel-Landschaft?

Tax depends on the trust type and the residency of the settlor and beneficiaries. Revocable trusts are usually attributed to the settlor. Irrevocable fixed interest trusts are often taxed at the beneficiary level. Irrevocable discretionary trusts may be tax neutral until distributions. Inheritance and gift tax is cantonal. Basel-Landschaft provides favorable treatment for close family transfers in many situations, but rules and rates change. Obtain written guidance from the cantonal tax administration before implementing a trust funded from Switzerland.

Do Swiss trustees need a license?

Yes if they act on a professional basis. The Financial Institutions Act requires professional trustees to be licensed and supervised. Private individuals acting as trustee in an isolated, non professional capacity may fall outside the licensing regime but should still seek advice on anti money laundering and tax implications.

Will Swiss forced heirship rules defeat my trust?

Not necessarily. Switzerland recognizes foreign trusts, but Swiss forced heirship can still affect assets or claims if the settlor is Swiss domiciled or if significant assets are in Switzerland. Careful coordination of the trust deed, lifetime transfers, wills, and marital agreements can reduce challenges. The 2023 reform increased planning flexibility compared to prior law.

Can a trust hold Swiss real estate?

Yes in principle, but the transfer requires land registry formalities and may trigger taxes. If the trustee or controlling persons are abroad, the Lex Koller regime can restrict residential real estate acquisitions. Always obtain advice before transferring Swiss property into a trust.

How do Swiss banks treat trusts?

Swiss banks regularly work with trusts but require full documentation, including the trust deed, any amendments, letters of wishes, and identification of the settlor, trustees, protector, and beneficiaries. Banks apply strict anti money laundering checks and may request legal opinions confirming the trust’s validity and tax treatment.

Can I move an existing trust to Switzerland?

You can relocate administration or change trustees to a Swiss trustee, subject to the trust deed and governing law. Consider tax impacts in the original and new locations, regulatory licensing for the trustee, and bank onboarding in Switzerland. A migration plan prepared by counsel reduces disruption.

What documents should I prepare before speaking with a lawyer?

Prepare identification documents, a family and assets overview, any existing wills or marital agreements, company documents for business interests, details of cross border connections, and for an existing trust the deed and all amendments, appointment and retirement deeds, and recent financial statements.

How long does it take to set up and fund a trust?

Simple structures can be organized in a few weeks once the governing law, trustee, and deed are agreed. Bank account opening in Switzerland can add time due to compliance checks. Transfers of real estate or private companies take longer due to valuations, registry work, and tax clearances.

Additional Resources

Swiss Federal Tax Administration. Publishes guidance on international tax matters and coordinates with cantonal tax administrations on practice questions related to trusts.

Steuerverwaltung Basel-Landschaft. The cantonal tax administration provides information on income tax, wealth tax, inheritance and gift tax, and can consider advance tax rulings for significant transactions.

FINMA. The Swiss Financial Market Supervisory Authority licenses and supervises professional trustees and maintains public registers of authorized firms and supervisory organizations.

Handelsregisteramt Basel-Landschaft. The cantonal commercial registry is relevant when trusts hold Swiss companies or when officers are changed in connection with trust planning.

Notariat Basel-Landschaft. Notaries assist with authentications, real estate transfers, and certain corporate actions that intersect with trust transactions.

Hague Conference on Private International Law. Provides explanatory materials on the Hague Trust Convention that Switzerland applies.

Swiss Bar Association and the Basel Bar Association. Useful to locate qualified lawyers with private client, tax, and financial regulation experience.

Swiss Tax Conference. Issues practice circulars on the tax treatment of trusts applied by cantonal authorities.

Next Steps

Clarify your objectives. Decide what you want the trust to achieve, such as succession planning, asset protection, charitable giving, or business continuity. Identify assets that may be transferred and any deadlines or life events to consider.

Engage a local lawyer in or near Arlesheim. Choose counsel with experience in trusts, tax, and financial regulation. Expect your lawyer to coordinate with foreign counsel in the chosen governing law and with the cantonal tax office for confirmations where needed.

Choose the governing law and trustee. Your lawyer will help compare governing laws and shortlist licensed Swiss trustees or reputable foreign trustees. Verify regulatory status, fees, and service capabilities. Obtain bank introductions if Swiss accounts will be used.

Set the documentation plan. Prepare the trust deed, letters of wishes, trustee appointment documents, and any powers of attorney. Align your will and any marital property agreement with the trust to avoid conflicts under Swiss inheritance law.

Address tax and regulatory items early. Seek written tax confirmations if appropriate, organize CRS and FATCA classifications, and prepare bank onboarding packages. For real estate or private companies, plan for valuations, registry updates, and any transfer taxes.

Implement and review. After funding the trust, maintain records, minutes, and annual accounts. Review the structure after legal or family changes, including the 2023 inheritance law reform impacts, changes in residence, or significant asset disposals.

This guide is general information. For advice on your specific circumstances in Arlesheim or elsewhere in Switzerland, consult a qualified lawyer or tax adviser.