Best Will & Testament Lawyers in Wohlen

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Fricker Seiler Rechtsanwälte
Wohlen, Switzerland

Founded in 1991
10 people in their team
English
Fricker Seiler Rechtsanwälte is a Swiss law and notary firm serving the Freiamt region from offices in Wohlen and Muri. The practice has roots in the area dating back more than four decades and has operated as an independent practice since 1991. Its team combines experienced counsel and a...
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About Will & Testament Law in Wohlen, Switzerland

Wohlen is a municipality in the canton of Aargau, Switzerland. Inheritance and wills in Wohlen are governed by Swiss federal law - primarily the Swiss Civil Code - and by certain cantonal procedures. Wills can be made as a private handwritten testament or as a public notarial will. If no valid will exists, the statutory rules on intestate succession determine who inherits. Local procedures for opening an estate, declaring assets and liabilities, and resolving disputes are handled by the competent cantonal and district authorities that serve Wohlen.

German is the local working language, and using that language for wills and probate documents will usually simplify formal processing. If you have assets or family in another country, international rules can affect how the will is applied and which law governs the estate.

Why You May Need a Lawyer

- Drafting a legally valid will that reflects your intentions - Lawyers help make sure formal requirements are met and that language is clear to avoid later disputes.

- Complex family situations - blended families, second marriages, out-of-wedlock children or adopted children require careful planning to respect reserved entitlements and avoid unintended consequences.

- Large or complicated estates - business interests, real estate, trusts, pension rights, and cross-border assets increase legal complexity and tax considerations.

- Contestation or disputes - when heirs disagree about the validity or interpretation of a will, or about estate inventory and distribution, a lawyer provides representation and negotiates or litigates on your behalf.

- International matters - if you or your beneficiaries live abroad, or if you own foreign assets, a lawyer with cross-border experience can advise on conflicts of law and recognition of foreign wills.

- Estate administration and probate - lawyers help with inventorying assets and liabilities, notifying creditors, filing necessary documents with courts and authorities, and distributing the estate according to law or the will.

- Tax and creditor exposure - lawyers coordinate with tax advisors to manage any inheritance-tax issues and reduce exposure to creditor claims where legally possible.

Local Laws Overview

- Governing law - Swiss inheritance law is mainly federal. Cantonal authorities handle many procedural steps after death, and inheritance tax is regulated at the cantonal level.

- Forms of wills - The two common forms are the handwritten will and the public notarial will. A handwritten will must be entirely handwritten by the testator, clearly dated and signed to be valid. A public notarial will is prepared before a notary and witnesses and is stored by the notary or court.

- Intestate succession - If there is no valid will, statutory rules set out the order of heirs and shares. Those rules determine which relatives inherit and in what proportions.

- Reserved portions - Swiss law protects certain close relatives with compulsory or reserved portions. This means you cannot completely disinherit some heirs without meeting specific legal requirements. Because the rules can be technical, legal advice is often needed to structure inheritances that respect those limits.

- Probate and administration - After death, assets are inventoried and liabilities are identified. Banks often block accounts until the estate is clarified. Local courts or designated cantonal offices supervise estate administration if required. Heirs should promptly notify authorities, insurers and banks.

- Inheritance tax - This is set by the canton. Rules and exemptions vary by canton and by relationship between the deceased and the heir. Check the rules that apply in Aargau for precise treatment.

- Cross-border recognition - Wills and inheritances involving foreign elements can raise private international law questions. Recognition of a foreign will or application of foreign succession law will depend on connecting factors and applicable conventions.

Frequently Asked Questions

How do I make a valid will in Wohlen?

To make a valid will in Switzerland you can either write a handwritten will that you entirely write, date and sign yourself, or create a public notarial will recorded by a notary. Handwritten wills must be fully handwritten by the testator to be valid. If you prefer additional formal security and storage, use a notary. Make sure your will is clear about beneficiaries and any specific bequests.

Can I disinherit my children or spouse?

Swiss law protects certain close relatives through reserved or compulsory portions. You cannot completely disinherit those protected heirs unless you meet limited legal grounds. Because the calculation and application of compulsory portions can be complex, consult a lawyer when you want to reduce or remove an heirs legal share.

What happens if I die without a will?

If you die intestate, statutory succession rules determine who inherits and in what shares. The estate will be divided among relatives in a prescribed order - for example spouse and children or other family members - according to federal law. This may differ from what you would have chosen by will.

Is a handwritten will safe enough or should I use a notary?

A handwritten will is legally valid if it is entirely handwritten, dated and signed by you. However, handwritten wills can be contested for doubts about authenticity or capacity and can be misplaced. A notarial will offers formal clarity, professional drafting and secure storage. Consider complexity, family dynamics and your comfort with risk when choosing.

Where should I store my will?

Common options are: leave it with a trusted person, deposit it with a notary, or register it with the court or probate office if local services permit. If you leave it at home, ensure someone knows where it is. Using a notary provides safe storage and easier retrieval after death.

Do I need to involve the district court in Wohlen after a death?

Some estate matters require notification to or involvement of the competent district court or cantonal office - for example to open probate records or resolve disputes. Many routine administrations can be handled by heirs and professionals, but if there is disagreement or legal uncertainty you or your lawyer will bring matters before the court that serves Wohlen.

Are there inheritance taxes in Aargau and who pays them?

Inheritance tax rules differ by canton and by relationship between deceased and heir. Some cantons exempt close relatives entirely, while others apply rates that depend on the value of the inheritance and the relationship. Check the Canton of Aargau tax rules for the specific treatment that applies to spouses, children and other heirs.

How long does estate settlement usually take?

There is no single answer - simple estates can be settled in a few months, while more complex estates - with businesses, foreign assets, or disputes - can take a year or more. Time depends on inventorying assets, paying debts and taxes, and resolving any legal challenges.

What should I bring to a first meeting with a wills and estates lawyer in Wohlen?

Bring your personal ID, any existing wills or advance directives, marriage or partnership certificates, birth certificates for children, property documents, account statements, life insurance and pension information, a list of assets and liabilities, and any powers of attorney. A clear summary of your objectives will help the lawyer advise you efficiently.

Can I use a foreign will in Switzerland or if I live abroad will Swiss law apply?

Foreign wills may be recognized in Switzerland if they meet the relevant legal tests. If you have connections to multiple countries, private international law determines which national law governs succession. To avoid surprises, seek advice from a lawyer experienced in cross-border succession and consider making a will that addresses both Swiss and foreign elements.

Additional Resources

- Swiss Civil Code - contains the federal inheritance rules and is the starting point for understanding formal requirements and reserved portions.

- Federal Office of Justice - for general guidance on Swiss succession law and recognition of foreign wills.

- Canton of Aargau - Department or Office that handles justice and probate-related administrative matters in the canton.

- District court that serves Wohlen - for local probate filings and court-supervised estate matters.

- Local notaries - for drafting, notarizing and securely storing public wills and for certified legal advice on formalities.

- Swiss Bar Association and cantonal lawyers associations - for referrals to lawyers who specialise in inheritance and estate law in Aargau and the Wohlen area.

- Consumer protection organisations and legal aid offices - if you need help assessing costs or qualifying for reduced-fee assistance.

- Your legal expenses or right-to-legal-assistance insurance - these can sometimes cover part of legal fees for testamentary or probate matters.

Next Steps

- Gather key documents - collect identity papers, family documents, deeds, bank statements, insurance and pension details, business records, and any existing testamentary documents.

- Decide what you want to achieve - who should inherit, any specific gifts, guardianship arrangements for minor children, funeral wishes and executor appointments.

- Consider a first consultation with a local lawyer or notary - ask about costs, their experience with succession cases and whether they offer a fixed-fee initial interview.

- Draft or update your will - choose a handwritten will if you prefer simplicity and control, or use a notary for additional formal certainty and secure storage.

- Inform a trusted person where your will is stored - ensure executors or next of kin know how to find it when needed.

- If you have foreign elements - consult a lawyer experienced in cross-border succession to avoid conflicting laws and ensure recognition of your wishes.

- Keep the will under review - life changes such as marriage, divorce, births, deaths, or significant changes in assets require updating your testamentary documents.

If you need help finding a lawyer in Wohlen, start with the cantonal lawyers association or a local notary office and ask for a lawyer who specialises in inheritance and estate law. A short initial meeting will clarify your options and give you a clear path forward.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.