Best Will & Testament Lawyers in Dornach

About Will & Testament Law in Dornach, Switzerland

Will and testament matters in Dornach are governed by Swiss federal law, primarily the Swiss Civil Code, with certain administrative and tax rules set at the cantonal and communal levels. Dornach is in the Canton of Solothurn, so local practice and inheritance tax rules from Solothurn apply. Swiss law allows you to decide what should happen to your estate, but it also protects close family through forced heirship shares. You can leave instructions through a will or an inheritance contract, appoint an executor, make specific gifts, and plan for cross-border assets. Getting the form and wording right is essential, because Swiss authorities are strict about formalities and deadlines.

Why You May Need a Lawyer

You may need a lawyer if you want to set up a valid will that uses the full flexibility allowed by Swiss law while respecting forced heirship. You may also need help if you own property in more than one country, have a blended family, are separated or divorcing, wish to protect a vulnerable beneficiary, or run a business you want to pass on smoothly. Legal advice is valuable if you want to sign an inheritance contract, choose the law of your nationality, appoint an executor with clear powers, or structure lifetime gifts without creating disputes later. After a death, a lawyer can help heirs decide whether to accept or disclaim an estate, obtain the certificate of inheritance, manage creditor claims, handle tax filings in the Canton of Solothurn, and settle the estate fairly.

Local Laws Overview

Forms of wills allowed in Switzerland include three main types. A holographic will is entirely handwritten, dated, and signed by the testator. It should not be typed or partly typed. A public will is executed before a notary with two qualified witnesses. An oral will is only for emergencies and must be declared before two witnesses, then formalized promptly. Many people also use an inheritance contract, which is a notarized agreement with heirs or other parties that can restrict later changes, so careful legal advice is vital before signing.

Forced heirship rules protect certain close relatives. Since 1 January 2023, the forced share for descendants is one half of their statutory share. Parents are no longer protected heirs. The spouse or registered partner remains protected at one half of their statutory share. Within these limits, you can freely dispose of the rest. If you try to give away more than allowed, protected heirs can reduce the gifts to restore their reserved shares.

If someone dies without a will, statutory succession applies. The spouse or registered partner usually inherits together with descendants. If there are descendants, the spouse receives one half and descendants share the other half per stirpes. If there are no descendants but there are parents or their descendants, the spouse receives three quarters and the remaining one quarter goes to that parent line. If there are no heirs of the first or second parent line, the spouse receives the entire estate. If there is no spouse or descendants, the estate passes to parents and their descendants, then to grandparents and their descendants.

Executors can be appointed in a will. An executor in Switzerland manages and settles the estate, pays debts, carries out legacies, and partitions the estate among heirs. Heirs form a community of heirs until partition is complete. Heirs may accept the inheritance, disclaim it within a statutory period, or request official liquidation in case of over-indebtedness. The general deadline to disclaim is three months from learning about the succession and your status as heir. Evidence may be needed to extend or adjust deadlines in special situations.

Choice of law and cross-border planning are common in Dornach. If you are domiciled in Switzerland, Swiss succession law generally applies to your worldwide estate, unless you validly choose the law of your nationality in your will or inheritance contract. Real property abroad may still be subject to foreign law and authorities. Coordination between Swiss and foreign rules is important to avoid double taxation or conflicting outcomes.

Taxes are levied at the cantonal level. In the Canton of Solothurn, spouses and direct descendants are generally exempt from inheritance tax. Other beneficiaries can be taxed at progressive rates depending on the degree of kinship and the amount inherited. Lifetime gifts may also have tax implications. Each case should be checked against current Solothurn tax rules at the time of transfer or death.

Formalities and practice in Solothurn include notarial involvement for public wills and inheritance contracts, and the possibility to deposit your will with a notary or a competent authority for safekeeping. After death, the competent probate authority issues the certificate of inheritance, which banks and land registers typically require. Documents are commonly handled in German in Dornach and the wider canton, but other languages are possible with certified translations if needed.

Frequently Asked Questions

Is a handwritten will valid in Dornach?

Yes. A holographic will is valid if it is entirely handwritten by you, dated, and signed. Avoid typing or using fill-in templates. Include your full name, place and full date, and clear instructions. Store it safely or deposit it with a notary or competent authority so it can be found.

Do I need witnesses for my will?

Witnesses are required for a public will signed before a notary, not for a purely handwritten will. If you choose a public will, the notary will arrange two qualified witnesses who are not beneficiaries.

Can I disinherit my children?

You can reduce what children receive below their statutory shares, but protected descendants have a forced share equal to one half of their statutory share. If your will exceeds this limit, children can bring a reduction claim after your death. Planning tools like life insurance, marital property agreements, and careful legacies can help you reach your goals within the law.

What happens if I die without a will?

Swiss intestacy rules apply. If you leave a spouse or registered partner and descendants, the spouse receives one half and the descendants share one half. If there are no descendants, the spouse usually receives three quarters and the rest goes to parents or their descendants. Without close family, the rules continue to more distant relatives.

How can I choose which law applies to my estate?

If you live in Switzerland, you can choose the law of your nationality in your will or inheritance contract. This must be done explicitly and correctly. If you do not choose, Swiss law generally applies to your worldwide estate, subject to foreign countries applying their own law to assets within their territory, especially real estate.

Should I appoint an executor?

Appointing an executor can simplify administration, especially when there are multiple heirs, business assets, or potential conflicts. The executor manages the estate, pays debts, and carries out your instructions. Choose someone trustworthy and capable, and consider professional support if the estate is complex.

How do I change or revoke my will?

You can revoke a will by making a new will that clearly revokes prior dispositions or by physically destroying the prior holographic document. For public wills and inheritance contracts, use the notary. Keep your most recent document accessible and deposit it for safekeeping to avoid confusion.

What if I have property or heirs abroad?

Cross-border estates raise issues about which law applies, taxes, and recognition of documents. Coordinate Swiss planning with the laws and tax rules of the other countries. Consider a choice of law, review foreign real estate rules, and expect translations and formalities for banks and land registers.

Is there inheritance tax in the Canton of Solothurn?

Yes, but spouses and direct descendants are generally exempt. Other beneficiaries may pay inheritance tax at progressive rates depending on relationship and amount. An early review helps you estimate taxes and consider legitimate tax-efficient solutions.

How long does estate settlement take in Dornach?

Simple estates can be settled in a few months once the certificate of inheritance is issued and tax matters are clear. Complex estates with real estate, businesses, or international elements can take a year or more. Timely filings and clear instructions help speed up the process.

Additional Resources

Canton of Solothurn probate authority for certificates of inheritance and estate administration questions. Local notaries in the Canton of Solothurn for public wills, inheritance contracts, and will deposit. Dornach municipal administration for practical guidance and civil registry coordination after a death. Solothurn cantonal tax office for inheritance and gift tax information, forms, and deadlines. Swiss Federal Office of Justice for general information on the Swiss Civil Code rules on succession. Swiss Notaries Association for locating qualified notaries familiar with Solothurn practice. Debt enforcement and bankruptcy offices for official estate liquidation when an estate is over-indebted.

Next Steps

Clarify your goals, family situation, and assets, including any property or accounts outside Switzerland. Decide whether a holographic will is sufficient or whether you need a public will or an inheritance contract. Consult a local lawyer or notary in or near Dornach to confirm formalities, address forced heirship limits, and coordinate with marital property and tax planning in the Canton of Solothurn. Prepare key documents such as identification, marital or partnership agreements, property lists, account statements, existing wills, and details of beneficiaries. Execute the chosen instrument in the correct form, then deposit it with a notary or competent authority to ensure it is found. Review your plan after major life events such as marriage, divorce, birth of a child, purchase of real estate, business changes, or relocation, and update your documents as needed. If a death has occurred, contact the civil registry, gather documents, consult a lawyer about the three month disclaimer period, and apply for the certificate of inheritance to begin administration and tax filings.