Planning one’s succession can be crucial to avoid common conflicts or complications among heirs or beneficiaries, or simply for financial reasons. Likewise, individuals may wish to allocate resources to charitable actions during their lifetime or upon their death, such as creating a foundation or nonprofit association. We assist our clients in making this process as smooth as possible and in anticipating any financial or practical risks.
Legal advice and representation on both non-contentious and contentious matters related to successions, trusts, associations, and foundations are integral to the private client department at Borel & Barbey. This includes advising on tax planning for donations and gifts between individuals, charities, and corporations. We represent trustees or beneficiaries in significant disputes related to trusts.
We provide guidance on estate planning by structuring and preparing wills, succession agreements, marriage contracts, donations or bequests, mandates in anticipation of mental incapacity, and the articles of incorporation and statutes of foundations (including family foundations).
Clients may also wish for one of our specialised lawyers to act as executor of their estate. The tasks of an executor typically involve filing required documents and forms with the court and competent authorities, taking appropriate measures for the administration and preservation of the estate, and distributing estate assets according to the deceased’s wishes.
Our team offers advice on all aspects related to the Swiss Civil Code, including asset distribution to heirs, the use of disposable portion, the status of gifts made between living individuals, and issues arising from private international law, including potential tax considerations.
We also handle matters concerning trusts through various partnerships.
