Succession: Administration and disputes between heirs

Succession is a complex process that can lead to conflicts between heirs, particularly when it comes to the administration of the inheritance. Under Swiss law, these disputes are governed by specific legal provisions aimed at guaranteeing a fair distribution of the deceased’s assets. Understanding the issues and legal mechanisms at stake is essential to effectively navigate these delicate situations. This presentation examines in detail the contentious aspects of estate administration, possible remedies and solutions proposed by the Swiss legal system to resolve disputes between heirs.

Sources of disputes in estate administration

The administration of an estate can be a source of many conflicts between heirs. These disagreements have their origins in various factors, both emotional and legal, which complicate the process of dividing the deceased’s property.

Among the main causes of disputes are

• The differing interpretations of the deceased’s wishes as expressed in the will
• The contesting of the validity of the will or an inheritance agreement
• Disagreements over the value of the property to be divided
• Claims concerning specific assets with sentimental value
• Conflicts relating to the management of the inheritance by the executor or the official administrator
• Accusations of concealment of assets by certain heirs

These situations can quickly degenerate into open conflicts, paralyzing the administration of the inheritance and considerably delaying the division of the assets. Swiss law provides mechanisms to manage these disputes and promote their resolution.

The role of the executor in preventing disputes

The executor, when appointed by the deceased, plays a central role in preventing and managing disputes between heirs. His duties, defined by the Swiss Civil Code, include in particular:

• The establishment of the inventory of the estate’s assets
• The management and conservation of the estate’s assets
• Payment of the debts of the estate
• Execution of the testamentary dispositions
• Preparation of the distribution according to the wishes of the deceased or the legal dispositions

By acting impartially and professionally, the executor of the will can help to ease tensions between heirs and facilitate the process of administering the estate. However, his decisions can sometimes be contested by the heirs, giving rise to new disputes.

Procedures for resolving inheritance disputes

In the event of disputes between heirs, Swiss law offers several means of resolution, ranging from mediation to legal proceedings. These mechanisms aim to find fair solutions while preserving family relationships as far as possible.

Inheritance mediation

Mediation is an extrajudicial approach that is gaining popularity in the field of inheritance. It allows heirs to engage in dialogue under the supervision of a neutral and qualified mediator. The advantages of this method are manifold:

• Preservation of family relationships
• Confidentiality of discussions
• Flexibility in the search for solutions
• Costs generally lower than those of legal proceedings
• Speed of the process compared to litigation in court

Although non-binding, mediation can lead to an agreement between the parties, which can then be ratified by a court to make it legally binding.

The intervention of the child and adult protection authority

In certain cases, particularly when heirs who are minors or under guardianship are involved, the child and adult protection authority may intervene to supervise the administration of the estate and arbitrate certain conflicts. This intervention aims to protect the interests of vulnerable heirs and to guarantee the equitable management of the estate.

The legal process

When attempts at an amicable settlement fail, the heirs can resort to the courts to settle their differences. The civil courts have jurisdiction to rule on inheritance disputes, which may relate to various aspects:

• The validity of the will or the agreement as to succession
• The interpretation of the provisions of the will
• The determination of the shares of the inheritance
• The reduction of excessive gifts
• The division of the assets of the estate

Although sometimes necessary, legal proceedings have disadvantages such as their duration, cost and public nature, which can aggravate family tensions.

The main types of disputes between heirs

Conflicts between heirs can take various forms, each requiring a specific approach for its resolution. The following are the main types of disputes encountered in the context of estate administration in Switzerland:

Challenging the validity of the will

Challenging the validity of a will is one of the most common types of dispute. It may be based on several grounds:

• Formal defect (failure to comply with the legal requirements for drafting a will)
• Incapacity of the testator at the time of drafting
• Undue influence exerted on the testator
• Error, fraud or violence affecting the testator’s will

These actions to have the will declared null and void must be brought within one year of the discovery of the defect, on pain of prescription.

Disagreements over the interpretation of the provisions of the will

Even when the validity of the will is not called into question, disputes may arise over the interpretation of its provisions. The heirs may have differing interpretations of the deceased’s wishes, particularly when the will is ambiguous or incomplete. In such cases, the court may be required to interpret the testamentary provisions, taking into account all the circumstances and the presumed wishes of the testator.

Disputes over the division of assets

The division of the assets of the estate is often a source of tension between heirs. The main points of friction concern

• The valuation of assets, particularly for real estate or valuables
• The allocation of specific assets, especially those with sentimental value
• The distribution of the debts of the estate
• The consideration of advances on inheritance or donations made during the lifetime of the deceased

To resolve these conflicts, Swiss law provides for default rules for division, but also encourages heirs to reach amicable agreements.

Disputes relating to the reduction of liberalities

When the testamentary dispositions or donations made by the deceased infringe the legal reserve of the forced heirs, the latter may bring an action for reduction. This procedure aims to bring excessive liberalities within the limits of the available portion, in order to preserve the rights of the forced heirs.

Possible remedies for aggrieved heirs

Swiss law offers several remedies for heirs who feel they have been wronged in the administration of the estate. These remedies are intended to protect their rights and guarantee a fair distribution of the inheritance.

Action to establish inheritance rights

The action to petition for inheritance allows an heir to assert his or her rights to the inheritance against any person who may be unduly holding inherited property. This action may be brought within 10 years of the opening of the succession. It aims to:

• Have the applicant’s status as heir recognized
• Obtain the restitution of inheritance property held by third parties
• To have the acts of disposal made by persons not having the status of heir annulled.

This action is particularly useful when an heir has been excluded from the division or when assets of the estate have been concealed.

Action for division

All heirs have the right to request the division of the estate at any time, unless the deceased has specified a deadline or the heirs have agreed to remain in joint ownership. The action for division can be brought against co-heirs who refuse to proceed with the division or who cannot agree on the terms. The court may then order a judicial division, taking into account the wishes expressed by the heirs and the legal rules of division.

Appeals against the decisions of the executor

The heirs may challenge the decisions of the executor before the competent authority, generally the justice of the peace. Grounds for appeal may include:

• Failure to comply with the provisions of the will
• Mismanagement of the estate
• A conflict of interest on the part of the executor
• Arbitrary or unfair decisions

The judge may then cancel or modify the contested decisions, or even dismiss the executor in the event of serious misconduct.

Liability action

The heirs may bring an action for liability against the administrator of the estate, the executor or any other party who has caused damage to the estate through their fault. This action aims to obtain compensation for the damage suffered and may be brought individually by each heir or collectively on behalf of the estate.

The current implications of inheritance disputes in Switzerland

Disputes between heirs over the administration of an estate have significant legal, social and economic implications in Switzerland. These conflicts, which are often complex and emotionally charged, put the legal system and family relationships to the test.

Evolution of legal practice

In the face of the growing complexity of family and patrimonial situations, legal practice in matters of inheritance is constantly evolving. In particular, we observe:

• Increased use of alternative dispute resolution methods, such as mediation
• Specialization of lawyers and notaries in inheritance law
• Development of case law on specific issues, such as the treatment of digital assets in inheritance

These developments demonstrate the need to adapt inheritance law to contemporary realities and to offer tailor-made solutions for each situation.

Impact on family relationships

Inheritance disputes often have lasting consequences on family relationships. They can

• Exacerbate pre-existing tensions between family members
• Create permanent rifts between certain heirs
• Affect subsequent generations, who sometimes inherit these conflicts

Taking these relational aspects into account is increasingly integrated into the approach of legal professionals, who seek to preserve family harmony as much as possible while defending the interests of their clients.

Economic issues

Inheritance disputes also have significant economic implications:

• Direct costs related to legal proceedings and professional fees
• Prolonged immobilization of the assets of the estate, which can lead to depreciation
• Tax risks in the event of a delay in settling the estate
• Potential impact on the management of family businesses

These economic issues underline the importance of a rapid and effective resolution of inheritance disputes.

Role of specialist law firms

In this context, law firms specializing in inheritance law are playing an increasingly central role. They provide

• Specialist legal expertise on complex inheritance issues
• A multidisciplinary approach, integrating skills in taxation, wealth management and mediation
• Personalized support for clients throughout the inheritance process

Using these professionals often makes it possible to prevent disputes or to resolve them more effectively when they arise, thus contributing to better administration of estates in Switzerland.