Inheritance law (Liechtenstein)

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The main features of Liechtenstein's inheritance law correspond to those of the other German-speaking countries. The General Civil Code of Liechtenstein, which regulates inheritance law in Articles 531 to 824, was originally adopted by Austria .

Legal succession

This corresponds to the regulations in the other German-speaking countries, but great-grandparents and their descendants are also entitled to inheritance, while inheritance in Germany is unlimited and in Switzerland is limited to the tribe of the grandparents (and their children). If neither legal nor testamentary heirs can be found, the inheritance falls to the state.

Compulsory portions and spouses

If children survive, the spouse receives ⅓ of the inheritance, and the children ⅔. If the spouse and parents survive but no children, the spouse receives ⅔, the parents ⅓. (Switzerland: spouse receives ½ in the first case and ¾ in the second case.)

The spouse is entitled to continue to live in the marital home and to keep the household effects. He also has the right to financial support if this cannot be covered by other means.

Wills of will

A will and / or a codicil can be drawn up subject to certain formal requirements. With a will, you can leave the legacy in full or in part to a specific heir. The codicil does not name an heir and does not divide the inheritance, but rather determines which objects pass to which persons.

The will has three forms:

  • Handwritten: Handwritten, hand-dated and hand-signed
  • The three testament. Three adult witnesses who are neither usufructuaries nor related to a usufructuary or who are related by marriage to a usufructuary must sign the will as witnesses. To do this, two of the three witnesses must be present at the same time.
  • Public testament: Can be presented orally to the court and recorded, or written and deposited with the court.

Disinheritance

In Liechtenstein, the reasons that can lead to disinheritance are much broader than in Switzerland, for example, where only a serious violation of family duties and the committing of a serious crime against the testator or a person close to him can lead to complete disinheritance.

Reasons for disinheritance are, for example, a long-term immoral lifestyle, serious misconduct against the testator or the neglect of (marital) assistance obligations or (parental) care and upbringing obligations.

A heavily indebted inheritance can be disinherited in favor of its own children. In Switzerland, however, the compulsory portion of an indebted heir can only be halved in favor of his children.

Renunciation of inheritance

An heir can contractually waive the inheritance. In doing so, he also waives his compulsory portion, and his descendants also do not inherit anything. The renunciation of inheritance must be officially documented.

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