Can the Non-Swiss Partner of a Swiss Person Living Abroad Inherit Their Property in Switzerland?

I have read your article mentioned above but could not find the answer I was looking for.

My mother-in-law died 2 years ago. She was 85 years old. She lived in Canada. She was involved with a Swiss man who died 2 years before she did. He was 92 years old. They never married. He had no children, siblings, or living family relations. His farm (somewhere near Bern) was bequeath to the son of a friend. There was no contract between my mother-in-law and this man.

My understanding is that even though he would have liked to leave all of his assets to my mother-in-law, he was unable to do so because Swiss law prohibits Swiss citizens from leaving any inheritance to non-Swiss nationals living abroad. Is this correct? If this question is too specific for this forum, can you please direct me appropriately?

Thank you

Hello,

Please note that moneyland.ch is not a law firm and information is provided as is for educational purposes only. In your specific case, consulting a legal advisor which specializes in cross-border inheritance law may be a good option.

Swiss citizens are free to leave the portion of their assets which does not fall under statutory inheritance shares to non-Swiss citizens or entities by creating a will in which they name the person or entity as the heir of all or part of those assets. Creating a will is necessary when the intended beneficiary is not their legal heir.

As a general rule, when a Swiss citizen residing outside of Switzerland and outside of countries which adhere to European Union inheritance conventions dies and leaves assets both in their country of residence and in Switzerland, assets are bequeathed to heirs or beneficiaries as per the laws of the laws applicable in the deceased Swiss citizen's country of residence.

However, this rule does not generally apply to real estate in Switzerland. Instead, the inheritance rules of the Swiss municipality in which the real estate is located apply. Laws regarding ownership of real estate vary between municipalities and cantons, as do inheritance taxes. In many cases, non-residents are required to obtain a special permit in order to own real estate in Switzerland. It is also worth noting that special rules of inheritance apply to farms in Switzerland, with farms being inherited as a whole rather than divided among heirs and preference being shown to heirs who are qualified farmers.

If the deceased left a will in which he named your mother-in-law as heir to his assets, a good first step would be to consult a legal consultant who specializes in international inheritance law. You should also find out whether the deceased had legal heirs which may be entitled to a compulsory share of the inheritance.

As a second step, you could also consider contacting the municipal office (county seat) of the municipality in which the property is located to inform them of the existence of the will and to request information on how to proceed.

If the deceased did not leave a will and was not in a legal partnership with your mother-in-law, you may find it difficult to establish a legal claim to their property on behalf of your mother-in-law and/or her legal heirs.

Best regards from Moneyguru

More on this topic:
Inheritances: 17 rules that dictate who gets what in Switzerland

Last updated: May, 2019