Is it possible to reduce the inheritance of a disabled child ?
In Switzerland, it is possible to reduce the inheritance of a disabled child in certain specific situations, but this is subject to strict conditions and must be done with caution.
The reduction of the inheritance of a disabled child is possible if the child is under legal protection, such as guardianship or trusteeship, due to his or her health condition. In this case, Swiss law allows for a reduction of the inheritance share according to the special needs of the child’s health and disability.
However, this reduction of the hereditary share must be done in a fair and proportionate manner, taking into account the specific needs of the disabled child and his or her level of dependency. Swiss law also provides that non-disabled heirs must participate in the care of the disabled child’s needs, in order to ensure his/her well-being and quality of life.
In practice, it is therefore recommended that you be assisted by a notary or a lawyer specialising in inheritance to determine the rules applicable to your situation and to organise the inheritance in the best possible way, in particular to avoid conflicts between heirs and to ensure that the specific needs of the disabled child are taken care of.