The question of the continued existence of wealth and its influence beyond death is almost as old as mankind itself. The Swiss Family Fidei Commissary was the most common vehicle for the privately beneficial freezing of property until the recent ban on its reestablishment. Marcel Lötscher is now investigating whether the ban still needs to be upheld following the approval of the Hague Trust Convention (HTÜ) and the amendments to International Private Law (IPRG). Above all, because the internal trust cannot prevent a fidei commission-like replacement within the scope of Swiss private law. Lötscher presents the Family Fidei Commission comprehensively from a legal-historical point of view and distinguishes it from other institutions. It deals with the prohibition of the new establishment and subjects the fidei commission-like internal trust to a detailed analysis. In this way, the legal institution is to be able to be used again as a vehicle for privately beneficial asset freezing within the framework of Estate Planning and Asset Protection.
See also the blog post: Domestic Trust in a nutshell