Family Law: I have remarried, can I disinherit my spouse’s children from a previous marriage?

Does your spouse have children from a previous union that you wish to disinherit? We will explain if this is possible.

Disinheriting someone in Switzerland is very difficult. The heir must have committed a serious criminal offence against the deceased or a close relative.
A misunderstanding is therefore not a valid reason to disinherit an heir. 

As a dissenter, it will be almost impossible to withdraw the inheritance of your spouse’s children from a previous union.

Upon the death of a married individual with children, the law provides for the following measure: half of the estate will go to his or her spouse or registered partner, the other half will be divided equitably among the children. This remains in effect if the children are from a first marriage. Read this article for more information on inheritance.

In addition, the children, parents and spouse of the deceased have ‘inheritance reserves’. These represent the minimum share of the inheritance they will have to obtain. A will cannot revoke these reserves.

Reservists receive at least :

– ½ of their part for the spouse;

– ¾ of their part for each descendant;

– ½ of their part for the father or mother.

 

It is therefore impossible to withdraw the inheritance of your spouse’s children. 

Do you wish to disinherit an unworthy heir or do you want to assert your rights? Lawrence answers your questions and assists you in your legal steps!

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