Swiss estates and (offshore) trusts: information gathering—recent Swiss case law

Abstract

Trustees, foundations, banks, asset managers or tax advisors are often confronted with information requests from heirs of a Swiss estate. In this article, the author provides an overview of the heirs’ rights to information under Swiss contract law and Swiss succession law. She then focuses on a recent decision of the Swiss Federal Supreme Court (case 5A_30/2020), which addresses a claim for information by an executor against a financial institution in possession of trust information. The Swiss Supreme Court clarified in this decision on which basis an heir or an executor of a Swiss estate may lodge an information claim against a Swiss bank with regard to trust accounts or similar financial institutions holding financial information, of which the deceased was not the legal owner but only the beneficial owner.