| Quote: | |  | |
| Thanks for the info, everyone.
So... when we moved here (long long ago) we amended our US wills to - hopefully - make them valid internationally. Thought that was done and dusted.
But as I look at it now, our will references US law, but does not specifically claim Heimatrecht (home country rights). Now I wonder if this is enough, should I happen to shuffle off this moral coil whilst living in Switzerland. Looks like I should go the Heimatrecht route to be on the safe side.
So, I write up the notice, have it signed by the Notary - is that all I have to do?
A few more questions - are assets held outside Switzerland affected by Pflichtteil (obligatory apportionment) as well? And, how about assets held in joint tenancy? I assume those would pass entirely to the surviving tenant, regardless of Pflichtteil?
And, if the relatives who would inherit under Pflichtteil are neither Swiss citizens nor residents, does any of this even matter?
Thanks. | |
| | |
Firstly you need to know that your will is viewed by the executor. They will then determine what goes where and the validity of the will. IF you have made your will globally applicable under American law then all is well. Switzerland does not have sole juristiction on the processes and rules involved with foreign nationals.
If your wills are made and written in English under American law then you need not use a notary. You only need to ensure that you reference these wills will fall under the sole juristiction of the laws of the US of A irrespective of the country of residence at the time of death, or the place of death.
With respect to Pflichtteil you should be aware that this is theoretically globally applicable however the assets in a foreign country fall often under some of the laws of that country so enforcing it is much more difficult. Imagine what a US court would say if your brother came along to a house your husband owned and said now he is dead I am entitled to a quarter...
The key point here is not the applicability of the law but the ability to enforce it, particularly in dispute, and that is extremely questionable.
If the items are in joint ownership then the value of the other half is determined as the part open for pflichtteil so no you are not totally free! This is sensible if you consider that this could be a business owned by two other unrelated people without being a share based ownership - ie partnership.
With your last comment you have hit the nail on the head. You see it is not only positive things ie assets that are subject to Pflichtteil but also debts so there is no obligation to take any of it on any relative... If they are not in Switzerland or Swiss nationals then more than likely it is irrelevant - but if someone knows ...