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Notarial services cover matrimonial law, inheritance law, property law, company law and related tax matters.

In the area of property law, you should contact a notary practising in the canton where your property is located.

When it comes to company law or inheritance law, you are free to choose your notary, regardless of canton, to assist you with these matters.

What specific questions do these areas answer?

Matrimonial law

We live as a cohabiting couple, what happens in the event of marriage or separation?

What matrimonial property regime did I marry under? What does this mean for my day-to-day life as a couple?

We're a same-sex couple, what would getting married mean for us?

In the event of dissolution of the regime (divorce or death), the acquests of both spouses are divided equally between them, and each spouse keeps his or her own property without division.

Any changes to this system must be made in the presence of a notary, who will be able to advise you according to your personal situation.

The Swiss Civil Code has a legal system that applies if no other steps are taken by the spouses: the regime of participation in acquests.

This regime establishes two masses, own property and acquests.

Own property:
This is property that the spouses owned before the marriage or that they acquired by inheritance or gift during the marriage;

Acquests:
All property acquired during the marriage (usually salary).

Inheritance law

I want to give as much preference as possible to my husband in the event of his death. Is this possible, given that we have two children in common?

I'm a widow with no children, and I'd like to give my entire inheritance to charity. Is this possible?

We are in a second marriage, each with children from a previous union. What will happen if one of us dies?

I would like to disinherit one of my children, with whom I have a very contentious relationship. What should I do?

If the legal system does not correspond to your wishes, your notary will be able to guide you as best as possible in drawing up a will, an authentic will or an inheritance agreement binding two (or more) people.

The Swiss Civil Code also provides for a legal system that applies when nothing else is provided for in the event of death. Half of the estate goes to the surviving spouse, and the other half is divided between the child(ren) of the deceased.

It is also possible to make a holographic will, in handwritten form, duly dated and signed; although the involvement of a notary is not compulsory in this case, it is advisable in all cases to submit the draft will to the notary to check that it can be correctly applied when the succession is opened.

Property law

I want to buy agricultural land. How can I do this if I am not a professional farmer?

We have a house in the name of our deceased mother's heirs. Can we sell it?

I'm not a Swiss citizen. Can I buy a primary or secondary residence?

I want to buy a second home in another canton. Who do I contact?

As explained above, you need to go to a notary in the canton where the property you are interested in is located. The contract of sale requires good guarantees. Federal law has imposed restrictions, particularly on rural property law and on purchases by foreigners.

Company law

I want to convert my limited liability company into a public limited company. What should I do?

How do I change my headquarters from one canton to another?

How do I set up a limited liability company (SARL) using the assets of my sole proprietorship?

I want to give my company to my children during my lifetime. Am I allowed to do this?

Company law requires the assistance of a notary when a company is set up (Sàrl, SA), and when its articles of association are amended. Your notary can advise you on many aspects of company law, which can have a major impact on the way your company operates.