Best Will & Testament Lawyers in Arlesheim

About Will & Testament Law in Arlesheim, Switzerland

Wills and succession in Arlesheim are governed primarily by Swiss federal law, especially the Swiss Civil Code, with procedures administered locally by Basel-Landschaft authorities. While the legal rules are the same across Switzerland, practical steps like depositing a will, opening an estate, and issuing heir certificates are handled by cantonal and district bodies that serve Arlesheim. You can make a valid will in Switzerland in several legally recognized formats, appoint an executor, plan for compulsory shares, and coordinate your estate plan with marital property rules and tax considerations. Because small procedural differences can matter, many residents and property owners in Arlesheim consult a local notary or lawyer to ensure their wishes are carried out correctly.

Why You May Need a Lawyer

You may need legal support if your family situation is complex, for example with blended families, stepchildren, or dependents with special needs. A lawyer can help you respect compulsory share rules while still steering assets to the people and causes you prefer.

If you own a business, real estate, or assets in multiple countries, specialized planning and coordination are essential. Cross-border rules, tax exposure, and succession of company shares are common reasons to seek tailored advice.

When you wish to deviate from the default legal shares, a lawyer can propose tools such as inheritance contracts, marital agreements, or lifetime gifts that fit within Swiss law and local practice.

If someone has died and you are an heir or executor, counsel can guide you through deadlines, inventories, heir certificates, releasing bank accounts, and strategies to accept, conditionally accept, or reject the inheritance.

Disputes sometimes arise about the validity of a will, forced shares, or lifetime transfers. Early legal advice helps protect rights, avoid unnecessary conflict, and resolve matters efficiently.

Local Laws Overview

Capacity to make a will - Any person 18 or older who is capable of judgment can make a will. Joint wills in one document are not permitted in Switzerland. Couples should use separate wills or an inheritance contract.

Forms of will - Holographic will is entirely handwritten, dated, and signed by the testator. Public will is executed before a notary with two qualified witnesses. Oral will is allowed only in emergencies, must be witnessed and recorded quickly, and is strictly limited in time and scope.

Compulsory shares - Swiss law protects close family with minimum shares. Since 1 January 2023, descendants have a reduced compulsory share equal to one half of their statutory share. Parents no longer have compulsory shares. The surviving spouse or registered partner generally retains a compulsory share equal to one half of their statutory share. Within what remains, you can allocate freely to people or charities.

Matrimonial property first, inheritance second - Before calculating heirs shares, the couple’s matrimonial property regime is settled. The default regime is participation in acquisitions, but couples can agree to separation or community of property. This step materially affects what falls into the estate.

Executor - You may appoint an executor in your will to administer the estate, coordinate with authorities, and distribute assets. The executor’s authority starts when the will is opened and confirmed by the competent authority.

Inheritance contract - An inheritance contract can stabilize your plan and bind parties to agreed terms, including modifications to compulsory shares if the affected heirs consent. It must be executed as a public deed before a notary with two witnesses.

Deposit and opening of wills - You may deposit your will with a notary or the competent municipal or cantonal office for safekeeping and registration. After death, the local inheritance authority in Basel-Landschaft arranges the opening of the will and notifies heirs.

Heirs options - On being informed, an heir may accept, accept subject to a public inventory, or reject the inheritance. The deadline to reject is generally three months from notification. Requests for a public inventory have short deadlines, often one month, so prompt action is important.

Taxes - There is no federal inheritance tax. Basel-Landschaft levies inheritance and gift taxes. Spouses and registered partners are typically exempt, and direct descendants are generally exempt. Other recipients can be taxed at progressive rates depending on relationship and amount. Cross-cantonal and cross-border cases can change which authority taxes which asset.

Pensions and life insurance - Occupational pensions and tied retirement assets are usually paid according to beneficiary rules and may not enter the estate, though they can be relevant when assessing compulsory share claims. Life insurance can be structured inside or outside the estate depending on policy terms and beneficiary designations.

International aspects - If you have multiple nationalities or live abroad, you can often choose the law of your nationality to govern your estate by a declaration in your will. Swiss authorities apply Swiss private international law rules, and property in Switzerland, especially real estate, can trigger Swiss procedures or taxes even when the deceased lived elsewhere.

Frequently Asked Questions

How do I make a valid holographic will in Arlesheim

Write the entire will by hand yourself, include the place and full date, and sign it. Do not use a computer or preprinted form for any part of the text. Clearly identify beneficiaries, describe key assets, appoint an executor if desired, and state any guardianship wishes for minor children. Store it safely or deposit it with a notary or the competent office.

Do I need a notary to make a will

Not necessarily. A holographic will does not require a notary. A public will and an inheritance contract must be executed before a notary with two witnesses. Many people still consult a notary or lawyer to prevent mistakes, ensure clarity, and handle deposition.

Can my spouse and I make one joint will

No. Swiss law does not recognize joint wills in a single document. Each person makes an individual will, or both can enter into an inheritance contract before a notary.

What happens if I do not make a will

Swiss intestacy rules apply. Your estate is distributed to your descendants and spouse or registered partner according to statutory shares. If there are no descendants, parents and their descendants may inherit. Without close relatives, the canton may inherit. A will lets you allocate freely within the limits of compulsory shares.

How do compulsory shares limit my freedom

You must leave at least the compulsory share to protected heirs. Since 2023, children have a compulsory share equal to one half of their statutory share, and parents have none. The spouse or registered partner generally keeps a compulsory share equal to one half of their statutory share. The rest is freely disposable.

Can I name a guardian for my minor children

Yes. In your will you can propose a guardian. The competent child and adult protection authority considers your wishes and appoints a guardian if needed. Clear, updated instructions help avoid disputes and delays.

How do I revoke or change my will

You can write a new will that expressly revokes prior wills, or destroy your handwritten original. If your will is deposited, retrieve and revoke it formally, then deposit the new one. For public wills and inheritance contracts, use the notarial form to modify or revoke.

What should I do immediately after a death in Arlesheim

Register the death with the civil registry, locate and secure any will, notify the local inheritance authority or the notary where the will is deposited, and obtain advice on deadlines. Banks will freeze accounts until the heir certificate or executor confirmation is issued.

Can I reduce taxes through my will

You cannot change cantonal tax rules, but you can plan who receives assets and when. Basel-Landschaft exempts spouses and direct descendants, so bequests to children or a spouse are typically tax efficient. Gifting strategies, life insurance, and cross-cantonal planning should be evaluated with a lawyer or tax adviser.

What about my business, digital assets, and foreign property

Address management and succession of business shares in your will or an inheritance contract, appoint an executor with clear powers, and document access to digital assets. Foreign property may trigger local succession rules and taxes. Coordinate your Swiss plan with foreign counsel to avoid conflicting outcomes.

Additional Resources

Basel-Landschaft notary offices for public wills, inheritance contracts, and will deposit services.

Basel-Landschaft inheritance and probate authorities for opening wills, heir certificates, public inventories, and estate administration.

Basel-Landschaft tax administration for inheritance and gift tax information and filing procedures.

Child and adult protection authority in Basel-Landschaft for guardianship and protective measures.

Swiss Civil Code and Swiss private international law as the primary legal framework for wills, inheritance, and choice of law.

Swiss notaries and bar associations for referrals to qualified local practitioners serving Arlesheim.

Next Steps

Clarify your goals. List the people and causes you want to benefit, consider who should be executor, and note any special instructions such as guardianship or business continuity.

Take stock of your assets and liabilities. Include real estate, bank and investment accounts, business interests, pension and insurance benefits, and digital assets. Keep key documents together.

Review family and marital property factors. Your matrimonial property regime and any prior agreements affect what enters your estate. Gather marriage contracts and prior wills.

Consult a local professional. A lawyer or notary familiar with Basel-Landschaft procedures can draft compliant documents, manage compulsory shares, suggest tax efficient structures, and arrange safe deposit and registration.

Plan for incapacity as well as death. Consider an advance care directive and a durable power of attorney for financial and personal matters to avoid gaps if you become unable to act.

Keep your plan current. Revisit your documents after life changes such as marriage, divorce, births, deaths, major purchases, or relocation. Update beneficiary designations for pensions and insurance to align with your will.