Best Will & Testament Lawyers in Arlesheim

About Will & Testament Law in Arlesheim, Switzerland

In Switzerland, the rules on wills and inheritance are set at the federal level in the Swiss Civil Code, and they apply in Arlesheim and throughout the canton of Basel-Landschaft. Local cantonal authorities handle practical steps such as notarization, deposit of wills, and certificates needed for banks and land transfers. A will allows you to decide who receives your assets, name an executor, provide for loved ones, and express wishes about guardianship. Swiss law also recognizes inheritance agreements, which are binding contracts about an estate and require a notarial deed with witnesses.

There are three main forms of will in Switzerland. A holographic will is written entirely by hand, dated, and signed by the testator. A public will is executed before a notary with two witnesses. In emergencies, an oral will can be declared before two witnesses and then promptly recorded and confirmed, but it is valid only under strict conditions and for a limited time. Many people in Arlesheim choose to deposit their will with the local notary office so that authorities can locate it quickly after death.

Why You May Need a Lawyer

You may not need a lawyer to write a simple handwritten will. However, legal advice is strongly recommended when your situation is more complex or when you want certainty that your wishes will be carried out without disputes. Common reasons to consult a lawyer include blended families and stepchildren, cohabiting partners, business ownership, real estate in multiple cantons or countries, significant pension or life insurance benefits, beneficiaries with special needs, cross-border nationality or residence, charitable legacies, and concerns about potential challenges by family members. A lawyer can also coordinate your matrimonial property regime with your estate plan, draft precise clauses, set up an executor’s mandate, and anticipate tax and procedural issues in Basel-Landschaft.

Local Laws Overview

Formalities. A holographic will must be entirely handwritten by the testator, include the date and place, and be signed. Typed or partially typed holographic wills are invalid. A public will is executed with a notary and two witnesses who are not beneficiaries. You can revoke or replace a will at any time if you have capacity. Keep the most recent original safe or deposit it with the competent authority so it can be found after death.

Forced heirship. Swiss law protects certain heirs with a reserved share called the Pflichtteil. Since 1 January 2023, descendants have a reduced reserved share of 50 percent of their statutory entitlement. Parents no longer have a reserved share. The spouse or registered partner retains a reserved share of 50 percent of their statutory entitlement. Within these limits you can freely allocate your estate. You can disinherit only for very serious reasons defined by law and you must state them clearly in the will.

Statutory heirs when there is no will. If you die without a will, the estate passes under the Civil Code. If there is a spouse or registered partner and descendants, each receives half. If there is a spouse or registered partner and no descendants, but parents or their issue exist, the spouse or partner receives three quarters and the remainder goes to the parental line. If there are no spouse, partner, or descendants, the estate passes to parents and their issue, then to grandparents and their issue. Without any legal heirs, the estate escheats to the public sector.

Matrimonial property first, inheritance second. On death, marital property is divided before inheritance is calculated. Your marital regime - participation in acquisitions by default, separation of property, or community of property by agreement - directly affects what falls into your estate. Proper coordination is key for couples in Arlesheim.

International aspects. Jurisdiction and applicable law often depend on the last habitual residence of the deceased. Foreign nationals in Switzerland can usually choose the inheritance law of their nationality in their will. Real estate in Switzerland is typically governed by Swiss law. Because Switzerland is not part of the EU Succession Regulation, careful cross-border planning is important if you have connections to EU states or other countries.

Procedures and deadlines. After a death, local authorities arrange the initial steps and inform known heirs. Heirs generally have three months from learning of their status to accept the inheritance, accept subject to an inventory, or renounce. Deadlines can be strict, and procedures may vary, so it is prudent to contact the competent office promptly. Banks and the land registry typically require a certificate of inheritance before releasing assets or recording transfers.

Taxes. Inheritance and gift taxes are cantonal in Switzerland. In Basel-Landschaft, spouses and registered partners are exempt, and direct descendants are typically exempt. Other beneficiaries may be taxed at progressive rates depending on the relationship and the value received. Local municipal fees and notarial fees may also apply. Always verify current rates and exemptions before making large bequests.

Pensions and life insurance. Occupational pensions and certain tied pension assets pay survivors’ benefits according to plan rules and the law. Pillar 3a and many life insurance policies are paid according to beneficiary designations and may be considered for the calculation of compulsory shares even if they do not pass through the estate. Coordination of these designations with your will is essential.

Frequently Asked Questions

What makes a will valid in Arlesheim

A will is valid if it meets Swiss Civil Code requirements. A handwritten will must be entirely written by you, dated, and signed. A public will must be executed before a notary with two qualified witnesses. An emergency oral will is valid only in exceptional circumstances and for a limited period. Capacity and absence of undue influence are required in all cases.

Do I need a notary to make a will

No for a holographic will, yes for a public will and for inheritance agreements. Even for a handwritten will, many people use a notary or lawyer to ensure clear wording, correct formalities, and proper deposit so the will is found and respected after death.

Can I disinherit a child or spouse

You can restrict heirs to their reserved shares. Full disinheritance is allowed only for serious causes defined by law, such as a grave crime against you or a close relative. The reasons must be stated in the will and can be challenged. A spouse or registered partner’s protection may cease in certain divorce situations, but specific legal conditions must be met.

What is the reserved share and how large is it

The reserved share protects close family. Since 2023 the reserved share is 50 percent of the statutory share for descendants. Parents have no reserved share. Spouses and registered partners keep a reserved share of 50 percent of their statutory share. You can freely dispose of the rest.

Can my partner inherit if we are not married

Cohabiting partners do not inherit under statutory rules. If you want a partner to inherit, you must provide for them in a will or an inheritance agreement, within the limits of reserved shares. Consider also appointing them as a beneficiary on life insurance or pillar 3a where appropriate.

How do I change or revoke my will

You can revoke a will at any time if you have capacity, by destroying it with intent to revoke, by making a new will that says it replaces earlier wills, or by a notarial declaration. Keep only the latest original and inform your depositary so older versions are withdrawn to avoid confusion.

Who issues the certificate of inheritance and how long does it take

The competent cantonal authority issues the certificate of inheritance after establishing who the heirs are. In the Arlesheim district this is handled by the responsible notary or probate authority for Basel-Landschaft. Timeframes vary with the complexity of the estate and documentation, typically several weeks to a few months.

What deadlines apply if I want to renounce an inheritance

Heirs generally have three months from when they learn of the death and their status to renounce or to request acceptance subject to an inventory. If you miss deadlines you may be deemed to have accepted. If there are many debts, seek advice quickly about protective measures and official inventories.

Are there inheritance taxes in Basel-Landschaft

Basel-Landschaft levies inheritance tax, but spouses and registered partners are exempt, and direct descendants are typically exempt. Other beneficiaries may owe tax depending on kinship and value. Charitable organizations often benefit from exemptions. Confirm current rates and exemptions before finalizing your plan.

What language should my will be in

You may write a holographic will in any language you master, provided it is entirely in your handwriting. For a public will, the notary must ensure you understand the content, so documents are usually in German in Arlesheim. If needed, certified translations or an interpreter can be arranged.

Additional Resources

District Notary Office for Arlesheim - public notarial services for wills, inheritance agreements, deposits, and certificates of inheritance.

Land Registry Basel-Landschaft - records transfers of real estate in the canton after succession.

Cantonal Tax Administration Basel-Landschaft - information on inheritance and gift tax rules and exemptions.

Civil Registry Office - death registration and civil status documents often required during probate.

Adult and Child Protection Authority Basel-Landschaft - support where adult protection or guardianship intersects with estate matters.

Swiss Notaries Association and local bar associations - directories to find qualified notaries and lawyers experienced in succession law.

ch.ch federal information portal and the Swiss Civil Code - plain language overviews of Swiss inheritance law and formal requirements.

Next Steps

Clarify your goals. List who you want to benefit, any specific gifts, who should act as executor, and any guardianship wishes for minor children. Consider support for a cohabiting partner or a charity if relevant.

Map your assets and debts. Include real estate, bank accounts, business interests, pensions, life insurance, and any assets held abroad. Note how accounts are titled and where beneficiary designations exist.

Review family law context. Identify your marital property regime and any prenuptial or partnership agreements. Coordination between matrimonial property and inheritance rules can significantly change outcomes.

Consult a local professional. Speak with a notary or lawyer in Arlesheim for tailored advice on formalities, reserved shares, tax, and cross-border issues. Bring identification, civil status documents, prior wills, and relevant account or property records.

Choose the right instrument. For simple wishes, a properly handwritten will may suffice. For complex estates, blended families, or binding arrangements with heirs, consider a public will or an inheritance agreement executed before a notary with witnesses.

Arrange safe storage and updates. Deposit the original with the competent authority or a trusted notary so it is discoverable after death. Review your plan after major life events such as marriage, divorce, birth of a child, purchase of property, or changes in the law.

Inform key people. Tell your executor and at least one trusted person where the will is deposited. Align beneficiary designations on pensions and life insurance with your will to avoid conflicts.

Act promptly if someone has died. Contact the local authority in Arlesheim to understand immediate procedural steps, obtain or apply for the certificate of inheritance, and assess deadlines for acceptance or renunciation. Seek legal help early if debts may exceed assets or if a dispute seems likely.