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This guide gives a plain-language introduction to wills and testaments for people living in Berikon, in the canton of Aargau. Substantive inheritance law in Switzerland is set out in the Swiss Civil Code and applies nationwide. That means the basic rules about who inherits, how to make a valid will, and what close relatives can insist on are federal. Practical steps, probate procedure, registration and taxes can vary by canton and by local offices. If you live in Berikon or own property there, you will deal with cantonal and local authorities in Aargau for administrative matters.
There are many situations where a lawyer can add value or can be essential when dealing with a will or testament. Common reasons include:
- You want to make a will but your family situation is complex - for example blended families, children from different relationships, or a partner who is not your spouse.
- You plan to leave out or limit the share of a close relative and want to understand the limits of the compulsory-reserved portion.
- You own business interests, farms, cross-border assets, or property in multiple countries that raise conflicts of law or tax issues.
- You suspect someone is contesting a will, or you want to challenge the validity of a will on grounds such as lack of capacity or undue influence.
- You need help with the administration of an estate - identifying heirs, valuing assets, paying debts, and closing accounts.
- You want to reduce inheritance tax exposure, where allowed, or structure gifts and succession in a tax-efficient way within Swiss law.
- You need an expert to draft a clear public will with a notary, to ensure it is properly executed and stored.
Key legal points to know if you are preparing, executing or dealing with a will in Berikon:
- Federal framework: Substantive inheritance rules are in the Swiss Civil Code. These rules cover intestate succession, types of testamentary dispositions, reserved portions, and legal formalities for wills.
- Types of wills: Swiss law recognises at least two commonly used forms - a holographic (handwritten) will and a public will made with a notary. A handwritten will must be written entirely by the testator, dated and signed. A public will is prepared or recorded by a notary and signed in the prescribed manner.
- Testamentary capacity: To make a valid will you must have testamentary capacity - the mental ability to understand the nature and effect of the testamentary act. Age and mental capacity both matter; for most people this means being an adult with decision-making ability.
- Reserved portion (Pflichtteil): Close family members - typically the spouse, descendants and, in some cases, parents - have a compulsory or reserved portion that limits how much you can freely disinherit them. The reserved portion rules are technical and need precise calculation.
- Intestate succession: If there is no valid will, statutory rules determine heirs and shares. These rules take account of spouse, children, parents and more remote relatives in a fixed order.
- Matrimonial property regime: Marital property regimes influence the estate - under Swiss law the default regime is participation-in-acquests, which affects what belongs to the estate and what belongs separately to each spouse.
- Probate and formalities: Probate and registration matters are handled by cantonal and local authorities. In Aargau, procedures and fees are administered locally. There is no single national probate court; you will work with the competent local authority.
- Taxes and fees: Inheritance tax is determined by canton. Some close relatives may be exempt in many cantons; others may face tax. Aargau rules and fees should be checked locally or with your lawyer or tax advisor.
A will is valid if it meets the formal requirements set out in the Civil Code. The most common valid forms are a holographic will - written entirely by the testator, dated and signed - and a public will made or recorded by a notary using the prescribed procedure. The testator must also have testamentary capacity.
Yes. A handwritten holographic will that meets the formal requirements is legally valid without a lawyer. However, legal advice is strongly recommended when your affairs are complex or when the distribution may be challenged or has tax consequences.
Swiss law protects certain close relatives by granting them a reserved portion. This generally covers the spouse and descendants, and if no spouse or descendants exist, parents may be protected. The reserved portion reduces the amount you can freely dispose of. Exact shares and calculations are technical and a lawyer can help determine the reserved portions in your case.
You can keep a handwritten will safely at home, with a trusted person, or deposit it with a notary. Many people choose to register or deposit their will with local notarial offices or with the cantonal civil registry to ensure it can be found when needed. Ask a notary or the local civil registry in Aargau about available options.
You cannot completely disinherit persons who are protected by the reserved portion rules. You can reduce their share to the extent allowed by law, but exclusion beyond the reserved portion is only possible in limited circumstances specified by law and may require strong justification.
If someone dies without a valid will, the intestate succession rules in the Civil Code apply. Those rules distribute the estate in a fixed order - typically to the spouse and descendants first, then parents, and more distant relatives if no closer heirs exist.
A notary is required only for certain formalities, such as preparing a public will or providing legal advice about complex estates. A handwritten will does not require a notary to be valid, but involving a notary reduces the risk of defects and helps with safe storage and later probate procedures.
Probate timing depends on complexity of the estate, whether heirs are known, whether there are disputes, and how quickly assets can be valued and debts settled. Simple estates can be settled in a few months; complex or contested estates can take much longer. A local lawyer or notary can provide an estimate for your situation.
Inheritance tax is a cantonal matter in Switzerland. The canton of Aargau applies its own rules about who pays and at what rate. Spouses and close descendants are often exempt or subject to preferential treatment in many cantons, but rules differ. Check with cantonal tax authorities or a lawyer for precise tax implications.
If you suspect a will is invalid because the testator lacked capacity, was unduly influenced, or the formal requirements were not met, consult a lawyer quickly. There are time limits for contesting some probate actions, and early legal advice helps preserve evidence and protect your rights.
When you need authoritative information or help in Berikon and Aargau, consider contacting or consulting:
- The cantonal civil registry or local municipal office in Aargau for administrative questions about estates and registration options.
- A regional notary office for drafting and safekeeping of public wills and for advice on formalities.
- A lawyer who specialises in inheritance law for advice on reserved portions, contests, estate planning and cross-border issues.
- The cantonal tax authority for questions on inheritance tax and filing obligations in Aargau.
- The cantonal or regional bar association to find qualified lawyers experienced in wills and succession matters.
- Local legal aid services if you have limited means and need assistance with a probate or contest.
If you need legal assistance with a will or testament in Berikon, here are practical steps to follow:
- Gather key documents: the deceased person or your own identification, marriage and birth certificates, existing wills or advance directives, property deeds, bank statements, insurance policies and a list of debts and assets.
- Determine whether a valid will exists and where it is stored. Ask family members, the deceased person’s notary, or the local civil registry.
- If you want to make a will, decide whether a handwritten holographic will is sufficient or whether you should execute a public will with a notary to reduce disputes and ensure safe storage.
- Contact a notary or a lawyer experienced in Swiss inheritance law for advice tailored to your circumstances, especially if the estate is complex, cross-border, or likely to be contested.
- Check cantonal tax rules in Aargau and seek tax advice if necessary to understand potential liabilities and filing requirements.
- If a dispute seems likely, consult a lawyer promptly to protect rights and gather any necessary evidence while it is still available.
Legal matters involving wills and estates can be emotionally challenging and legally complex. A local notary or experienced lawyer will help ensure your wishes are clear, your documents are valid, and the succession process is managed correctly in Berikon and the canton of Aargau.
