The oftentimes very individual subject of inheritance keeps many people busy immediately after a case of death, but sometimes also in the upstream family estate planning. If a house, a condominium or other property in Switzerland is part of the heritage, special attention is required – here are some special rules that differ from those relating to other goods and assets of the estate. Your real estate agency Engel & Völkers Switzerland informs you of the most important unique selling points of real estate in the inheritance context and explains how to best deal with it. Read more!
Limited divisibility of real estate – an important criterion in inheritance management
The case that a property in Switzerland should not be assigned to one but several heirs usually occurs when the testator leaves no testamentary disposition or when, despite the will, claims for compulsory portion of the object in question are asserted. This inevitably raises the question of how the property can be divided among the entitled parties. Since a structural separation in the case of buildings or an area allocation for real estate generally disproportionately reduces the value of the property, the sale of the property is usually the most uncomplicated solution. The proceeds from the transaction can be distributed much easier to all entitled persons.
The alternative is to reach an agreement on ownership and utility of the property with all share heirs, such as the property being wholly owned by a single heir and paying its share to the other parties or leaving to them other substantial parts of the estate. Here, however, the consent of all entitled to inheritance for such a decision is crucial. If, after the expiry of certain deadlines, it was not possible to find a solution to the real estate legacy, it is also possible to order public auctioning by the judiciary. However, since the prices are rarely as high as on the open market, Engel & Völkers Switzerland strongly recommends one of the above-mentioned more efficient measures. Our real estate agents are happy to assist you as a contact person.
Real estate in estate: Swiss spouse’s right to residential property
In the context of the legal distribution of inheritance, the surviving spouse in Switzerland can assert property claims to the formerly jointly inhabited property. The disadvantage that arises for the other heirs in this way is then compensated by the spouse. Depending on the individual wealth situation, however, this can lead to financial problems. Early clarification and dialogue with spouses and family members helps to prevent subsequent conflict situations and to reach an agreement that is shared by all stakeholders.
Engel & Völkers Switzerland will gladly assist you in the processing of your estate. Our real estate agents have decades of experience in the profitable marketing of residential real estate in Switzerland and are also very familiar with the discrete sale of real estate properties so you can fully rely on us for the quick and efficient sale of an inherited property. Contact us – we look forward to your call or e-mail!