Case overview and family considerations​‌

A married couple residing in the Canton of Vaud experiences a significant change in their wealth situation after the husband receives an inheritance of CHF 6 million. As these assets are entirely classified as separate property, the inheritance has a substantial impact on the family's civil, succession, and tax considerations.

The couple wishes to pursue three objectives simultaneously:

• ensure maximum protection for the wife upon the first death;

• allow each of their two children to receive financial support when their needs are greatest;

• preserve strict long-term economic fairness between the children.

This case study illustrates how a coordinated approach combining matrimonial property planning, succession law, lifetime gifting strategies, and cantonal tax considerations can create a coherent framework that balances family protection, wealth planning flexibility, and legal certainty.​‌

Wealth transfer is about far more than simply drafting a will. Once a family has accumulated significant wealth, succession planning requires a broader perspective that takes into account matrimonial property law, succession law, taxation, the financial needs of a surviving spouse, and the future plans of the next generation.

This becomes particularly important when one spouse receives a substantial inheritance.

Under Swiss law, inherited assets are generally classified as separate property. This legal distinction can significantly alter the family's wealth structure, as separate property is treated differently from marital property when the matrimonial property regime is settled.

Without prior planning, this new situation can create several challenges:

• insufficient protection for the surviving spouse;

• insufficient liquidity to maintain the surviving spouse's standard of living;

• difficulties in transferring wealth to children during the parents' lifetime;

• a higher risk of family tensions if children receive different levels of support;

• inadequate tax planning.

Through this case study, we illustrate how a coordinated succession planning strategy can address these challenges while preserving flexibility for the future.

Before the husband received an inheritance from a close relative, the couple's wealth structure was relatively straightforward. It consisted primarily of assets accumulated during the marriage and therefore classified as marital property.

 A few months later, the husband receives an inheritance consisting of: 

Why is this distinction so important?​‌

Many families assume that succession begins at the moment of death.

In reality, this is not the case.

Before the estate is even opened, the matrimonial property regime must first be settled.

In other words:

The liquidation of the matrimonial property regime always takes place before the succession process begins.

This step is fundamental because it determines which assets remain with the surviving spouse and which assets actually form part of the estate.

It is precisely at this stage that a marriage contract can have its most significant impact.