Best Will & Testament Lawyers in Dornach

About Will & Testament Law in Dornach, Switzerland

Wills and inheritance in Dornach are governed by Swiss federal law, primarily the Swiss Civil Code, together with cantonal practice in the Canton of Solothurn. This framework sets the rules for who inherits, how you can distribute your estate through a will or an inheritance agreement, and what mandatory portions certain close relatives are entitled to receive. Since 1 January 2023, Switzerland has modernized parts of its inheritance law, giving testators more freedom to allocate their assets while still protecting close family members. Local procedures for notarization, safekeeping of wills, probate certificates, and taxes are handled by cantonal or district authorities that serve Dornach.

Why You May Need a Lawyer

You may want legal advice if you have a blended family, wish to provide for a cohabiting partner, or want to balance gifts among children while respecting compulsory shares. Owners of a business or real estate need tailored planning for continuity and to avoid forced sales. Cross border situations are common in the Basel region, so Swiss conflict of laws and foreign procedures can affect your plan if you are a foreign national or hold assets abroad. If you want to exclude an heir, make large lifetime gifts, set up charitable legacies, or provide for a disabled beneficiary, professional guidance helps you avoid later reduction claims and disputes. A lawyer or notary can also ensure your will is valid, coordinate marital property and inheritance rules, reduce taxes where possible, and support executors and heirs through probate.

Local Laws Overview

Forms of will. Switzerland recognizes a handwritten will, a public will before a notary, and an oral will in emergencies. A handwritten will must be written in full by the testator, dated, and signed. A public will is executed before a notary with two witnesses. An oral will is only for urgent situations when a written will is not possible and must be declared before two witnesses and then submitted to the authority without delay.

Capacity and language. You must be at least 18 and capable of judgment to make a will. You may write your will in a language you can fully understand. In Dornach, German is commonly used, especially for notarized documents.

Compulsory shares after the 2023 reform. Descendants and a spouse or registered partner have compulsory shares that cannot be taken away without cause. The compulsory share of descendants is now half of their statutory share. The compulsory share of a spouse or registered partner remains half of their statutory share. Parents no longer have a compulsory share. You have more freedom to benefit a partner, a charity, or a stepchild, but reductions can still apply if the compulsory shares of protected heirs are infringed.

Intestate rules. If you die without a will, Swiss law distributes your estate to heirs in a fixed order. A surviving spouse or registered partner shares with descendants. If there are no descendants, the spouse or partner shares with parents or their descendants. If there are no statutory heirs, the estate goes to the canton.

Inheritance agreements and marital property. In addition to a will, you can use an inheritance agreement to bind arrangements with heirs. This requires a notary and two witnesses. Your marital property regime is settled first, then the inheritance is calculated, so coordinated planning through a marital agreement can be important for couples.

Executors and estate administration. You can appoint an executor in your will to administer the estate, pay debts, and distribute assets. The probate authority issues an heir certificate, which banks and the land registry require. Heirs usually have three months from learning of the succession to decide whether to accept, accept with the benefit of inventory, or renounce.

Real estate. A transfer of real estate is recorded in the land register. An heir certificate is needed to register transfers or partitions among heirs. If heirs wish to divide property differently from statutory shares, notarized deeds are required.

Gifts and lifetime planning. Large gifts made close to death or gifts that infringe compulsory shares can be clawed back through a reduction action. You should document gifts and your intentions, and coordinate beneficiary designations on insurance and pension accounts with your will.

Divorce and separation. While a marriage or registered partnership is intact, the spouse or partner retains inheritance rights. During pending divorce or dissolution proceedings, you may exclude a spouse or partner in a will if statutory conditions are met. After the divorce or dissolution is final, inheritance rights end by law.

International aspects. Swiss private international law generally applies the law of the state of your last habitual residence to your entire estate. You can choose the law of your nationality in a will or inheritance agreement. Foreign procedures may still apply to assets located abroad, so cross border coordination is advisable.

Taxes in the Canton of Solothurn. Inheritance and gift taxes are set by each canton. In Solothurn, spouses and registered partners are exempt. Direct descendants are also exempt. Other heirs may be taxed depending on their relationship to the deceased and the value received. Separate property gains or transfer taxes can apply to real estate. Always check current cantonal schedules for rates and exemptions.

Safekeeping. You can deposit your will with a notary or with the competent cantonal authority to ensure it is found and opened after death. Tell a trusted person where the original is kept.

Frequently Asked Questions

What makes a handwritten will valid in Dornach?

It must be entirely handwritten by you, include the place and full date, and be signed. Do not use a typed template with a handwritten signature. Keep it legible and store the original safely. Consider deposit with a notary or the competent authority so it is found.

Do I need a notary or a lawyer to make a will?

You can make a valid handwritten will without professional help. However, a notary is required for a public will or inheritance agreement. A lawyer or notary adds value when there are compulsory share issues, complex assets, a business, or cross border questions.

Who must receive a compulsory share under Swiss law?

Descendants and a spouse or registered partner have compulsory shares. Since 2023, descendants are entitled to half of their statutory share and spouses or registered partners are entitled to half of theirs. Parents no longer have compulsory shares. You can deviate only within the free portion or with the consent of the protected heirs in an inheritance agreement.

Can I disinherit someone?

You may reduce or exclude a person who does not have a compulsory share, or you may reduce a protected heir only within the free portion. Full disinheritance of a protected heir is only possible for very serious reasons defined by law and must be stated in the will. Courts review such clauses strictly.

How does divorce or separation affect my will?

After a divorce or dissolution of a registered partnership, the former spouse or partner loses inheritance rights. While proceedings are pending, you may exclude them in a will if legal conditions are met. Update your will and beneficiary designations as soon as your marital status changes.

Do stepchildren or a cohabiting partner inherit automatically?

No. Stepchildren and unmarried partners are not statutory heirs. They only inherit if you name them in your will or inheritance agreement. Without planning, they may receive nothing and may face higher cantonal inheritance taxes than close relatives.

What is an executor and should I appoint one?

An executor manages the estate, pays debts and taxes, communicates with authorities and banks, and distributes assets according to your will. Appointing a trusted person or a professional can make administration smoother, especially for complex estates or when heirs are in conflict.

How do pensions and life insurance fit into my estate?

Pillar 2 occupational pensions and many life insurance benefits are paid directly to designated beneficiaries under special rules and often do not pass through the estate. Pillar 3a assets have beneficiary orders set by law that you can adapt within limits. Coordinate these designations with your will to avoid unintended results.

What if I own assets outside Switzerland or I am a foreign national?

International coordination is essential. Swiss law generally applies the law of your last habitual residence, and you may choose your national law in your will. Foreign countries may assert jurisdiction over local assets and may levy taxes. Seek advice in all relevant jurisdictions and keep documents consistent.

How long do heirs have to decide and what is the benefit of inventory?

Heirs generally have three months from learning of the succession to accept, accept with the benefit of inventory, or renounce. Acceptance with the benefit of inventory limits liability for debts to the estate assets after an official inventory. Deadlines and procedures are set by the competent authority, so heirs should contact it promptly.

Additional Resources

Notaries of the Canton of Solothurn. Notaries prepare public wills and inheritance agreements, offer will deposits, and assist with estate partitions.

Probate authority for the Dorneck Thierstein district. This authority issues heir certificates and oversees estate procedures that affect Dornach residents.

Civil registry office serving Dornach. The registry issues death certificates and records family events that impact inheritance.

Land registry of the Canton of Solothurn. The land registry records transfers of real estate due to inheritance and partitions among heirs.

Cantonal tax office Solothurn. The tax office provides rules and forms for inheritance tax and real estate taxes.

AHV compensation office Solothurn. The office handles survivors benefits and guidance on Pillar 1 claims after a death.

Consumer and elder care advisory services in Solothurn. These services can help families with practical steps following a death and with document organization.

Professional associations for lawyers and notaries in Solothurn. These associations can help you find qualified practitioners for wills, inheritance agreements, and estate administration.

Next Steps

Clarify your goals. Decide who you want to benefit, how to protect a spouse or partner, and whether to provide special arrangements for children or a disabled beneficiary.

List your assets and obligations. Include real estate, bank accounts, business interests, pensions, life insurance, digital assets, and any assets abroad. Note how accounts are titled and who the beneficiaries are.

Choose the right instrument. Decide between a handwritten will, a public will before a notary, or an inheritance agreement if you need binding arrangements with heirs. Coordinate any marital property agreement if you are married or in a registered partnership.

Consult a Solothurn based notary or lawyer. Have a professional test your plan against compulsory shares, tax rules, and cross border issues. Ask about appointing an executor and about options such as acceptance with benefit of inventory for your heirs.

Execute and store your documents. Sign correctly, keep the original safe, and consider depositing your will with a notary or the competent authority so it will be found. Tell a trusted person how to locate the documents.

Review regularly. Update your plan after marriage, separation, divorce, births, deaths, a move abroad, a business sale, or major gifts. Revisit beneficiary designations on pensions and insurance to keep them consistent with your will.

If someone has died and you are an heir, contact the probate authority serving Dornach promptly to obtain information on deadlines, the heir certificate, inventory options, and tax obligations. Gather key documents such as the death certificate, the will if known, and account statements, and consider retaining a lawyer or notary to guide you through the process.