Best Trusts Lawyers in Chur

About Trusts Law in Chur, Switzerland

Trusts are not a native institution of Swiss private law. Swiss law is based on civil law concepts such as ownership, contractual obligations, and foundations. Nevertheless, Switzerland recognises and applies foreign trusts in many situations through international private law rules and international instruments. That means a trust created under a foreign jurisdiction can be given legal effect in Switzerland, and Swiss courts and authorities will often treat a foreign trust as an entity for certain purposes.

In practice, people and businesses in Chur and the Canton of Graubunden use trusts for cross-border estate planning, asset protection, and family wealth management when those trusts are governed by jurisdictions that permit their creation. Within Switzerland, the domestic alternative to a trust is often a private foundation - a common tool for long-term wealth preservation governed by Swiss law and cantonal supervision.

Why You May Need a Lawyer

Trusts interact with multiple areas of law - property, inheritance, taxation, company law, and public registers. A lawyer can help you because trusts that touch Swiss-situs assets or Swiss residents raise specific legal questions that require local expertise. Common situations where legal help is useful include:

- You or a family member live in Chur or Graubunden and you are considering transferring assets into a foreign trust.

- A trust owns or is about to acquire Swiss real estate, Swiss bank accounts, or other assets located in Switzerland.

- You want to ensure a trust-based estate plan will not conflict with Swiss forced-heirship rules or other mandatory inheritance protections.

- A trustee or beneficiary resident in Switzerland needs advice on Swiss tax reporting and filing obligations.

- You face a dispute involving recognition or enforcement of trust interests before Swiss courts, or a trustee requests Swiss judicial assistance.

- You need help with notarial, registration, or disclosure requirements for assets in Switzerland that are linked to a trust.

Local Laws Overview

Key legal features to understand when dealing with trusts in Chur and the Canton of Graubunden include the following.

- Recognition of foreign trusts: Swiss private international law and international conventions generally permit Swiss courts to recognise trusts created under foreign law. The practical effect is that trustees and beneficiaries can often hold assets in Switzerland through a foreign trust, subject to Swiss procedural and substantive limits.

- Swiss domestic alternatives: Swiss private foundations are a domestic vehicle commonly used for purposes similar to trusts. Foundations are regulated under Swiss law and supervised by cantonal authorities. For assets that must remain clearly within the Swiss legal framework, a foundation is often recommended.

- Property law and registration: Ownership of Swiss real estate is recorded in cantonal land registers. If a trust (or trustee) holds immovable property in Switzerland, the trustee will typically need to be registered in the land register or otherwise show legal capacity to transact. There may be specific formalities, including notarial acts, for transfers of Swiss real estate.

- Inheritance and forced-heirship rights: Swiss law grants certain statutory rights to close family members in many situations. For persons domiciled in Switzerland, transfers that undermine these statutory rights may be challenged. The precise effect depends on domicile, the governing law of the succession, and the type of disposition involved.

- Taxation: Tax treatment of trusts with Swiss connections depends on many factors - the residence of the settlor, trustee, and beneficiaries, the location of trust assets, and whether the trust is treated as transparent or opaque for tax purposes. Cantonal tax rules vary across Switzerland, so tax consequences in Graubunden can differ from other cantons. Swiss tax authorities expect compliance with reporting and withholding rules where applicable.

- Anti-money laundering and financial regulation: Swiss banks and financial intermediaries must comply with Swiss anti-money laundering rules and customer due diligence. Financial institutions will carry out identity checks and may require additional documentation when an account is linked to a foreign trust. Trustees and professional advisers should expect careful scrutiny, especially in cross-border arrangements.

Frequently Asked Questions

Can I create a trust under Swiss law in Chur?

No. Swiss law does not provide for the creation of a trust as a domestic legal institution. If you want a trust, it must be established under the law of a jurisdiction that allows trusts. For domestically governed structures similar to trusts, Swiss private foundations are commonly used.

Will a foreign trust be recognised in Switzerland?

Generally yes. Switzerland recognises many foreign trusts under its private international law framework and relevant international conventions. Recognition is not automatic in every case - courts will consider issues of public policy, mandatory Swiss rules, and the particular facts of the case.

Can a foreign trust own real estate in Chur or Graubunden?

Yes, a foreign trust can own Swiss real estate in many cases. Practical steps include registering the trustee or the trust interest in the cantonal land register and complying with notarial and transfer formalities. There may be cantonal limits for certain types of property, and foreign ownership rules apply in some cases.

How do trusts interact with Swiss inheritance law and forced heirs?

If the settlor or beneficiary is domiciled in Switzerland, Swiss inheritance rules, including forced-heirship claims, may affect transfers into trusts or distributions from trusts. Transfers intended to defeat statutory succession rights can be challenged. Legal advice is essential to structure cross-border estate plans that respect Swiss mandatory rules.

What are the main Swiss tax considerations for trusts?

Tax issues depend on where the settlor, trustee, and beneficiaries are resident, and where assets are located. Trusts can be treated as transparent or opaque for tax purposes, which affects income, wealth, and inheritance taxation. Cantonal tax rules differ, so you need specific advice for Graubunden and Chur tax obligations and filing requirements.

Do trustees or beneficiaries in Switzerland have to report trust information to authorities?

Yes. Swiss residents who are trustees, settlors, or beneficiaries may have reporting obligations under tax laws and under rules on automatic exchange of information. Financial intermediaries in Switzerland also conduct due diligence and report certain account information under international standards like the common reporting standard.

What documents will Swiss banks or authorities typically require for trust-related matters?

Expect to provide trust deed or trust instrument, proof of the trust s governing law, identification documents for trustees and beneficiaries, evidence of trustees rights to manage assets, and certified translations when documents are in a language other than German, French, Italian, or English. Additional local certifications or notarisation may be required.

Are Swiss lawyers able to act as trustees?

Swiss lawyers can act as trustees if allowed by professional and regulatory rules, but this raises conflicts and regulatory considerations. Many trustees are professionals in trust jurisdictions rather than Swiss lawyers. Where a Swiss lawyer acts in a trust context, they should ensure compliance with Swiss legal, tax, and ethical rules.

Should I use a Swiss foundation instead of a trust?

A Swiss private foundation may be preferable if you want a solution that is fully governed and supervised under Swiss law. Foundations are common for long-term family wealth management in Switzerland. Whether a foundation or foreign trust is better depends on your objectives, tax position, cross-border ties, and the need for confidentiality or flexibility.

How do I find the right lawyer in Chur for trust matters?

Look for a lawyer or law firm with experience in cross-border trust and estate matters, knowledge of Swiss tax and inheritance law, and practical experience with the Canton of Graubunden s land registration and tax authorities. Ask about their experience with trusts, client references, sample fees, and whether they work with international trust specialists when needed.

Additional Resources

When you need further official or technical information, consider contacting or consulting the following types of organisations and offices:

- Federal Office of Justice - for information on private international law and recognition of foreign legal instruments.

- Swiss Federal Tax Administration - for guidance on tax treatment of cross-border trusts and reporting obligations.

- Cantonal Tax Office of Graubunden and the local tax authority in Chur - for canton-specific tax rules and procedures.

- Cantonal land registry office in Graubunden - for questions about registration of rights in real estate located in the canton.

- Swiss Financial Market Supervisory Authority - for regulatory matters affecting financial intermediaries and trustees.

- Professional bodies such as the Swiss Bar Association and recognised associations of fiduciaries and trustees - for lists of experienced practitioners and ethical standards.

- The Hague Conference on Private International Law - for information on international conventions relevant to trusts and recognition across borders.

Next Steps

If you think you need legal assistance with trust matters in Chur, use the following practical steps to get started:

- Gather documents - collect passports, proof of domicile, the trust deed or proposed trust documentation, titles to Swiss assets, tax returns, and any correspondence with trustees or trustees representatives.

- Clarify your objectives - be ready to explain whether your aim is estate planning, asset protection, succession, managing Swiss assets, or resolving a dispute. Clear goals help the lawyer provide precise advice.

- Seek a lawyer with cross-border trust experience - prioritise practitioners who know Swiss inheritance and tax law and who have worked with trusts and foreign trust jurisdictions.

- Ask about fees and scope - establish an engagement letter that sets out the scope of work, estimated costs, and timelines. For complex matters, expect an initial review followed by a detailed plan.

- Plan for translations and notarisation - Swiss authorities often require certified translations and notarised documents. Your lawyer will advise what is needed for Graubunden and Chur.

- Consider tax and regulatory compliance early - unresolved tax or AML issues can create enforcement risks. Include a tax specialist if your situation is cross-border or involves substantial assets.

- If urgent, request immediate protective measures - in disputes or risk of asset dissipation, a Swiss lawyer can advise on provisional court measures or interim relief to protect interests.

Getting local legal advice early can save time, costs, and legal risk. If you are unsure where to begin, contact a law firm in Chur with international estate and trust experience for an introductory consultation.