Our solicitor clearly thinks differently and we've signed all the papers to that effect. If I pop my clogs first, 100% will go to OH, and vice-versa. Kids know about it, approve but have never been required to formally say so.

Tom,

On a numbered account the bank would only learn about the death if somebody told them.

They usually hold all mail, so unless you know of the existence of the account the bank won't tell you.

FWIW in 1994 as a B permit holder I was given a choice in the wording on a salary account at UBS, it's possibly something you can ask for, if you would like that option.

If the other partner with a POA clears out the account, nobody will know & there is little the children could do in practice.
In any case most cash cards in CH have 5000 a day limits, the partner just needs the pin no, unless of course there is a huge amount of money in the account!

Well, my girlfriend's lawyer differs again (and we were discussing her sister's status with him regarding her separated husband yesterday). But, you have more than one passport, so perhaps that matters?

Tom

Unless they do it within 5 years of death (or is it ten in CH?). Then it's not valid.

Tom

It's quite possible for a British person living in CH to choose their assets be disposed by a will under English law. However a house in CH will ALWAYS follow the CH system

I was assuming they would do it within a few minutes,

FWIW the power of attorney only needs to be signed by the account holder, the specimen signatures can be given after the death. I.E. the person with the power of attorney does not need to know of the existence of the account or that they have a POA, but after death they will be given a letter by the lawyer iof the deceased..

If someone wants a secret account, telling the current wife might not be in their best interest! There is always a reason for secrecy & people may happily pay the price.

Was your solicitor English? Because from what I remember about Swiss inheritance law, the various rules on the reserved part and the compulsory parts for spouses and children (la quotité disponible - that means that children will get 75% of what they would get were you to die without a will [intestate] and the only thing you can do about this is to grant your spouse a life estate [usufruit] over what the kids get) still apply to any succession governed by Swiss law. So unless you have validly opted out (jurisdiction clause - you cannot do that if you're Swiss and living in Switzerland, or for real estate in Switzerland), these rules will apply regardless.

I also hope that the "papers" were signed outside Switzerland in a jurisdictions where signing a paper before witnesses is sufficient, because in Switzerland, a will has to be either in the "public" form (i.e. made before the "officier public", usually a notary), or be handwritten, except in very exceptional circumstances. If there is more than one signatory to the will (pacte successoral), then this must be in the "public" form.

Please do speak to a notaire.

Ummm, but the kids (and/or other inheritors) must AGREE to the usofrutto! (first hand experience here).

Tom

Acts performed disposing of property within the ultimate 5-10 years of life (depending on the country), are not legally valid.

Tom

Didn't that change in 2001? My understanding of Art. 473 C.Civ. as it stands now is that no agreement is required (but that if the surviving spouse marries again, the life estate ends).

Spending money on a daily basis could dispose of a huge amount of 'property', once it's gone it's gone....

Your assuming that anybody will even have knowledge of the transactions, if it's a secret account without statements sent then it's out of view.

If somebody decides to spend their fortune, rather than give it to their children are you really saying all the hookers, casinos etc have to refund ?

Probably not, but major gifts (artworks or property, in our case), yes.

Tom

However debts & mortgages may be increased, so a final value of a huge estate could be near zero, if that was really somebodies wish.