Inheritance lawyer in Geneva

Frequently asked questions

Who inherits when there is no will?

The law designates heirs by order: first descendants, failing which the parents and their descendants, then the grandparents. The surviving spouse or registered partner inherits alongside these orders — half the estate when together with descendants. A point often discovered too late: a cohabiting partner does not inherit, however long the relationship lasted. Only a will or an inheritance agreement can provide otherwise.

Can I freely decide who receives my assets?

Only in part. Certain heirs — descendants and spouse — are protected by a statutory entitlement of which they cannot be deprived, save for disinheritance in very restricted cases. Since the reform of 1 January 2023, this entitlement has been reduced for descendants and abolished for parents, widening the freely disposable share. A will drafted under the former law may therefore no longer achieve its intended effect.

I have just learned of a death: which deadlines are already running?

Several deadlines start immediately and are short. Disclaiming the estate must in principle be done within three months; requesting a public inventory is subject to an even shorter deadline; an action in abatement, where a statutory entitlement has been encroached upon, is in principle time-barred after one year. If you do not know the actual state of the estate — particularly whether there may be debts — accept nothing before seeking advice.

How do I draw up a valid will?

There are two main forms. A holographic will must be written entirely by hand, dated and signed by the testator: a typed text, even if signed, is void. A public will is executed before a notary in the presence of two witnesses. The holographic form is free but fragile — many wills are invalidated for a formal defect or a missing date.

How do I obtain a certificate of inheritance in Geneva?

The application is made to the Justice of the Peace, the competent authority in inheritance matters in the canton. The certificate establishes your status as an heir and allows you, in particular, to access the deceased’s bank accounts. Time elapses between the death and its issuance, which explains the temporary freezing of assets — preparing the file in advance speeds things up.

Do heirs pay inheritance tax in Geneva?

In Geneva, heirs in the direct line — descendants and ascendants — as well as the spouse or registered partner are in principle exempt, subject to particular situations. Other heirs, notably siblings, nephews and nieces, or an unrelated person, are taxed on a scale that rises as the family connection becomes more remote. This is a parameter to factor in very early in any planning.

An heir is blocking the division of the estate: what can I do?

Until the estate is divided, the heirs form a community in which decisions are in principle taken unanimously — hence the deadlocks. Each heir may nevertheless request the division at any time, if necessary through court proceedings. Mediation often succeeds faster than litigation, but bringing an action sometimes remains the only way to break the deadlock.

Can I be held liable for the deceased’s debts?

Yes: an heir who accepts the estate is in principle liable for its debts, including out of their own assets. That is precisely the purpose of disclaiming the estate and of the public inventory, both subject to short deadlines running from knowledge of the death. If you do not know the actual state of the estate, make no commitment and dispose of no asset before seeking advice.

General information for guidance only, not a substitute for individual legal advice. Every situation deserves its own analysis — that is what the consultation is for.