Forced Heirship
The impact of a forced heirship regime governing a foreign testator can be significantly restricted through lifetime contributions to Liechtenstein-based foundations, establishments (Anstalten) or trusts.
Under Liechtenstein’s private law, forced heirship claims made against a Liechtenstein legal entity or against a Liechtenstein trust are governed by two different laws, namely the law governing the founder’s or settlor’s succession and the law governing the transfer of the founder’s or settlor’s property to the Liechtenstein entity or trust. Accordingly, careful consideration must also be given to the requirements of Liechtenstein’s inheritance law. This opens up a large number of opportunities and risks for testator and heirs with a right to a compulsory portion of the estate. Expert advice is indispensable when it comes to exploring the full spectrum of associated options and being able to exploit them when necessary.
Attorney-at-law Harald Bösch has a successful track record of pursuing litigation proceedings in this area and is the author of several publications dealing with the tension between forced heirship and foundation law. He is particularly well acquainted with the strengths and weaknesses of Liechtenstein-based asset-holding entities, which enables him not only to give clients in-depth advice but also effective representation in a court of law.