Disputes about trusts and estates are often international, involving assets in Switzerland, trustees in offshore centres and heirs in several countries. The articles collected here explain the claims of beneficiaries against trustees, the information rights of heirs and beneficiaries towards Swiss banks, contested wills and inheritance contracts, forced heirship claims, and the securing of assets in Switzerland while a dispute is pending. They also cover the jurisdiction of Swiss courts, arbitration of trust disputes, and the recognition of foreign judgments concerning estates and trusts.
Disputes over trusts and estates often involve assets in Switzerland, trustees in offshore centres and heirs on several continents. Swiss courts and arbitral tribunals decide many of them, and Swiss law gives heirs and beneficiaries effective means to obtain information and to secure assets before they are moved elsewhere.
For heirs and beneficiaries abroad the first practical difficulty is often simply finding out what exists. Assets may be held by a Swiss bank in the name of a trust, a foundation or an underlying company, while the documents that govern them are kept by a trustee elsewhere. Swiss law and court practice provide ways to obtain information that are worth knowing before any claim is formulated.
Heirs who consider a will invalid or their compulsory share infringed can bring an action for invalidity or for reduction under the Civil Code. Since the reform of 2023 the compulsory share of descendants has been reduced and parents no longer have one, which gives testators more freedom and changes the calculation in many estates with an international dimension.
Where assets are at risk of disappearing, Swiss law allows them to be frozen by an attachment under the Debt Enforcement and Bankruptcy Act or by interim measures under the Civil Procedure Code. Judgments from states party to the Lugano Convention are recognised under simplified rules, and arbitral awards from most countries under the New York Convention, which matters greatly in disputes spanning several continents.
The articles explain claims against trustees, the information rights of heirs towards Swiss banks, challenges to wills, forced heirship claims, the securing of assets and the recognition of foreign judgments.
Information rights of beneficiaries against trustees and Swiss banks
What beneficiaries can ask of a trustee, why Swiss banks usually answer only to the account holder, and how the trust deed and governing law shape disclosure. Read more Private Client · DisputesChallenging a will in Switzerland: the action for annulment
When a Swiss will can be set aside for lack of capacity, defects of intention or formal errors, and why the short deadlines matter more than many heirs expect. Read more Private Client · DisputesAbatement actions to protect compulsory portions in Switzerland
How Swiss forced heirship works after the 2023 reform, which dispositions and lifetime gifts can be reduced, and what heirs should do within the deadlines. Read more Private Client · DisputesHeirs' access to bank accounts of a deceased person in Switzerland
How heirs obtain information and control over Swiss bank accounts of a deceased relative: certificate of inheritance, information rights and dormant assets. Read more Private Client · DisputesRemoving a trustee or protector: grounds, courts and governing law
When beneficiaries can seek the removal of a trustee or protector, which courts are competent and why the governing law of the trust decides most questions. Read more Private Client · DisputesSham trusts and reserved powers: when courts disregard a structure
Why trusts in which the settlor keeps control can be attacked as shams, and what this means for creditors, spouses and heirs in cross-border disputes. Read more Private Client · DisputesDisputes over Liechtenstein foundations
Beneficiary information rights, court supervision and typical claims in disputes over Liechtenstein private-benefit foundations used by international families. Read more Private Client · DisputesFreezing assets in estate disputes: Swiss interim measures and attachment
How heirs and beneficiaries can try to secure assets in Switzerland during an estate dispute: interim measures, attachment and cooperation with foreign courts. Read more Private Client · DisputesArbitration and mediation clauses in trusts and family structures
Whether disputes over trusts, foundations and estates can be sent to arbitration or mediation, how Swiss law approaches this and where the uncertainties lie. Read more Private Client · DisputesRecognition of foreign judgments and probate in Switzerland
How foreign court decisions, grants of probate and executors' powers are treated in Switzerland under the Lugano Convention and the Private International Law Act. Read more Private Client · DisputesTrust and estate disputes in Switzerland
Disputes over trusts and estates are rarely confined to one country. The assets are held with Swiss banks, the trustee… Read more