The Affidavit of Heirship is a vital legal instrument in Swiss inheritance proceedings, particularly when formal probate proceedings might be impractical or unnecessary. This document becomes relevant when there's a need to establish clear proof of heirship for purposes such as property transfer, asset distribution, or claim settlements. The affidavit provides a comprehensive declaration of the deceased's family history and identifies all legal heirs according to Swiss inheritance law. It includes detailed information about the deceased's marital status, children, parents, and other potential heirs, all verified under oath. Under Swiss jurisdiction, this document must comply with federal inheritance laws (Swiss Civil Code) and cantonal requirements, making it a legally binding testament to the rightful succession of property and assets. The affidavit is particularly useful in situations where a simplified procedure for establishing heirship is desired, while still maintaining the legal validity required by Swiss authorities.
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1. Declaration and Identification: Affiant's personal information and relationship to the deceased
2. Deceased's Information: Full details of the deceased including date of death, last residence, and civil status
3. Marital History: Complete marriage history of the deceased, including dates, locations, and dissolution information if applicable
4. Children and Descendants: List of all children (living and deceased) and their descendants, including adoption status
5. Parents and Siblings: Information about deceased's parents and all siblings (living and deceased)
6. Property Statement: General statement about the deceased's property and assets in Switzerland
7. Heir Declaration: Explicit statement identifying all living heirs and their relationships to the deceased
8. Verification: Affiant's sworn statement regarding the truth of the information provided
9. Notarization: Official notary acknowledgment and certification section
1. Previous Marriages Section: Detailed section about previous marriages when deceased had multiple marriages
2. Step-Children Section: Information about step-children when relevant to inheritance rights
3. Foreign Assets Declaration: Section dealing with assets in other countries when deceased had international holdings
4. Will Statement: Statement regarding existence or non-existence of a will when known
5. Predeceased Heirs: Detailed section about heirs who died before the deceased, when applicable
6. Disclaimer Statements: Statements from heirs surrendering their inheritance rights, if applicable
1. Family Tree Diagram: Visual representation of the deceased's family relationships
2. Death Certificate: Certified copy of the deceased's death certificate
3. Birth Certificates: Copies of birth certificates establishing relationship to deceased
4. Marriage Certificates: Copies of relevant marriage certificates
5. Civil Status Documents: Official Swiss civil status documents (if available)
6. Supporting Affidavits: Additional affidavits from family members or witnesses confirming relationships
7. Translation Certificates: Certified translations of any documents not in an official Swiss language
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