Friday, November 10, 2017
Swiss Non-discrimination Principles May Prevent Recognition of Sharia-based Inheritance and Probate Documents in Switzerland
A recent decision by the Swiss Federal Tribunal refused to recognize a certificate of inheritance established by an Egyptian court. The deceased involved in the matter was an Egyptian citizen of Muslim faith. This individual had married a German citizen of Christian faith in accordance with Egyptian and Sharia law. Under Egyptian law, female beneficiaries may only inherit half of what their male counterparts inherit and non-Muslims cannot be a beneficiary to an estate. The Federal Tribunal held that these policies were manifestly incompatible with Swiss public policy. This decision is important as lawyers and estate planners must account for the possibility that Sharia-based estate plans may not be recognized under Swiss law.
See CMS von Erlach Poncet AG, Swiss Non-discrimination Principles May Prevent Recognition of Sharia-based Inheritance and Probate Documents in Switzerland, Lexology, November 7, 2017.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.