Ecco perchè è importante fare testamento
Here's why it's important to write a will.
As the idea of death comes to mind, almost no one thinks about writing a will. However, it's important to know that, for various reasons and in certain situations, a will can prove very important. Let's see which ones.
For example, a will can prevent the estate from devolving—by law (pursuant to Article 466 of the Civil Code)—to the State in the complete absence of legal heirs (ie, no spouse, descendants, parental lineage, or ancestral lineage). Or, in the absence of other legal heirs, the estate might go entirely to a cousin whose existence you didn't even remember.
A will can help you avoid these situations. It is possible to freely determine in advance to whom and in what amount one's assets will be left (within the limits of any legitimate portions), perhaps deciding to leave them to individuals or organizations deemed worthy, such as a close friend, associations or organizations close to one's heart, the municipal retirement home, and so on.
Even if there are legitimate heirs, it can be important to draft a will, especially when—for a variety of reasons—one wishes to leave a portion of one's assets (the disposable portion) to individuals outside the family who are deemed important and worthy. This is particularly true for couples not bound by marriage or registered partnership. Indeed, in the event of the death of one partner and in the absence of a last will (within the limits of the disposable portion), the surviving partner would have no inheritance rights. Alternatively, a will can also serve to limit one's children's inheritance (restricting it to the legitimate portion only) if, for example, the children have completely ignored their parents for years.
Finally, a will also maximize the surviving spouses' benefit by leaving them, in addition to the entire disposable portion, the usufruct of the entire portion of the inheritance that would otherwise be due to their descendants, even until their death (Article 473 of the Civil Code). This can be particularly beneficial if one of the spouses owns the marital home and, in the event of their death, intends to ensure that the surviving spouse can continue to live there without the children's interference.
In conclusion, if you find yourself in one of the situations described above, it is advisable to take some time to reflect on your estate and draft a will that best meets your wishes. However, there are certain rules, particularly regarding matrimonial property regimes (and their liquidation) and compulsory portions, that must be respected to prevent beneficiaries from later having to quarrel (because they believe their inheritance rights have been violated by the will). To avoid such situations,the lawyers at Assistenza Legale are available to review your draft and provide you with a free estimate of the related costs.
Contact us at 0041 76 505 59 30 or email info@legalassistance.ch
. NB: This service is valid only for wills subject to Swiss law.
For more information on holographic wills, we recommend reading the dedicated article by clicking here.
As the idea of death comes to mind, almost no one thinks about writing a will. However, it's important to know that, for various reasons and in certain situations, a will can prove very important. Let's see which ones.
For example, a will can prevent the estate from devolving—by law (pursuant to Article 466 of the Civil Code)—to the State in the complete absence of legal heirs (ie, no spouse, descendants, parental lineage, or ancestral lineage). Or, in the absence of other legal heirs, the estate might go entirely to a cousin whose existence you didn't even remember.
A will can help you avoid these situations. It is possible to freely determine in advance to whom and in what amount one's assets will be left (within the limits of any legitimate portions), perhaps deciding to leave them to individuals or organizations deemed worthy, such as a close friend, associations or organizations close to one's heart, the municipal retirement home, and so on.
Even if there are legitimate heirs, it can be important to draft a will, especially when—for a variety of reasons—one wishes to leave a portion of one's assets (the disposable portion) to individuals outside the family who are deemed important and worthy. This is particularly true for couples not bound by marriage or registered partnership. Indeed, in the event of the death of one partner and in the absence of a last will (within the limits of the disposable portion), the surviving partner would have no inheritance rights. Alternatively, a will can also serve to limit one's children's inheritance (restricting it to the legitimate portion only) if, for example, the children have completely ignored their parents for years.
Finally, a will also maximize the surviving spouses' benefit by leaving them, in addition to the entire disposable portion, the usufruct of the entire portion of the inheritance that would otherwise be due to their descendants, even until their death (Article 473 of the Civil Code). This can be particularly beneficial if one of the spouses owns the marital home and, in the event of their death, intends to ensure that the surviving spouse can continue to live there without the children's interference.
In conclusion, if you find yourself in one of the situations described above, it is advisable to take some time to reflect on your estate and draft a will that best meets your wishes. However, there are certain rules, particularly regarding matrimonial property regimes (and their liquidation) and compulsory portions, that must be respected to prevent beneficiaries from later having to quarrel (because they believe their inheritance rights have been violated by the will). To avoid such situations,the lawyers at Assistenza Legale are available to review your draft and provide you with a free estimate of the related costs.
Contact us at 0041 76 505 59 30 or email info@legalassistance.ch
. NB: This service is valid only for wills subject to Swiss law.
For more information on holographic wills, we recommend reading the dedicated article by clicking here.