Switzerland; Switzerland -- Politics and government -- 1815-
In the Canton of Basel the testator can only dispose of that part of
his estate which falls to his heirs. If those heirs be children, he may
by will deprive them of at most one child’s interest or share, not in
any case to exceed the fourth part of the entire estate. If the heirs
be parents, he can dispose of one-half of the estate, or more by the
assent of the latter, written and properly authenticated. If the wife
survives, she is entitled, in the absence of a marriage settlement,
to two-thirds of the estate. A marriage settlement may entirely annul
the operation of the community of property which otherwise prevails.
In this case the entire estate of the deceased husband or wife falls
to the heirs. Sons and daughters share alike. Brothers and sisters are
regarded alike whether both or only one of the parents are the same.
In the absence of descendants, parents share equally as heirs; if one
of the latter is deceased, the survivor takes the whole. Descendants
of a deceased heir, who are within the fifth degree of consanguinity,
share equally the part which would have fallen to their ancestors.
Illegitimate children inherit from the mother, but not from the father,
unless legitimated by marriage of the parents.
In the Canton of St. Gallen a testator, in case he leaves but one
child, can dispose, by a will or otherwise, of one-half of the
property; if two children, only one-third; and if three or more, not
more than one-fourth. In event of having no legal heirs, he may dispose
of three-fourths of his property, the remaining one-fourth passing to
the Canton. If the heirs be father, mother, or other near relations,
he is not permitted to dispose by will of more than one-half. If there
are relations beyond that degree, and within the tenth degree, he
may dispose of two-thirds. If the wife survives, she is entitled to
one-half the estate; however, if there be children also, then the wife
takes only a child’s part. Sons and daughters share alike, with this
modification: the sons have the preference of the real estate; tools
and implements, if they are mechanics; books or libraries, if they are
professional men; for which, however, they must pay a fair price to the
other heirs. Two per cent. of all property disposed of by will goes to
the Canton. Any person eighteen years old and of disposing mind may
make a will. Every will must be attested by three witnesses, two of
whom must be able to write their names. A woman’s property brought into
the marriage remains her property; the interest only to be appropriated
by the husband for the benefit of the family.
Public-domain text, read in full here on John Shaqi.
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