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  #41  
Old 08.08.2012, 15:21
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Re: Writing A Swiss Will

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Co-habiting. Unmarried life partners.
Or same-sex partners without a registered partnership.

Tom
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  #42  
Old 08.08.2012, 15:22
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Re: Writing A Swiss Will

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Does anyone know what this means: "in domestic partnership similar to
marriage" as mentioned in the doc of Credit Suisse?

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Co-habiting. Unmarried life partners.

Living in sin, which is way more fun than co-habiting
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Old 09.08.2012, 12:07
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Re: Writing A Swiss Will

And when do you qualify as being in a domestic partnership similar to marriage? What are the criteria?
Do you have to have been living together for a certain minimum amount of time?
Do you need to notify this in a will?
A specific document/contract to sign?
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  #44  
Old 09.08.2012, 12:17
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Re: Writing A Swiss Will

It doesn't matter, as a domestic partner is entitle to 0% of the obligatory distribution, i.e. they don't count more than a random person.

Tom
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  #45  
Old 05.10.2012, 09:52
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Re: Writing A Swiss Will

Just to clear things up.I have dual citizenship-Australian and Swiss-and I am resident in Switzerland. I have assets here and Australia. If I understand it correctly I should make a Swiss will for my assets here and an Australian will to cover my assets in Australia. Is that correct? Or just one Swiss will to cover all assets?

Can I make my Swiss will in English?


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I am assuming that you are a British Citizen. In that case, The Hague Convention 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions applies:
http://hcch.e-vision.nl/index_en.php....status&cid=40

Essentially, the Convention allows you to make a Will under your national law (i.e., England, Scotland, N.I., etc.) or that of Switzerland.

If you want to make a Swiss Will (which may be in addition to or instead of an English, etc., Will) you really need to have it drawn up by a Notary (a specialist family-law and real estate lawyer). Only a holographic (hand written) will, whether or not witnessed, or a notarial will is valid in Switzerland. And the chances of making a mistake in a holographic Will are too great to countenance.

On the other hand, an English Will is easy. You can use a printed form, and any two unrelated (and non-beneficiary) witnesses can sign. (But there, too, the opportunity for error is something to think about.)

For an English Will, or an English probate, you need to specify an executor. Don't use a bank or trust company or professional executor if you can avoid it -- they are expensive.

A Swiss Will can be probated in England (etc.) even if in French or German, but (as I just said) unlike Switzerland you need an executor or in the absence of same, an administrator.

If you have real estate, it's best to have the Will drafted under the law of that country. And if you have substantial assets I recommend a Swiss Will for your Swiss assets and an English Will for everything else.

As my Conflict of Laws professor said to our class in 1964, most lawyers are incompetent. ("Plumbers", he called them.) 46 years later I can tell you that he was absolutely right. Be careful.

Wills are cheap. Mistakes are expensive, although you won't be around to know that.

(To see how Swiss law deals with cross-border estates, see http://uniset.ca/misc/swissestates.pdf -- a document formerly handed out by the Swiss Embassy in Washington. It doesn't directly apply to you; on the other hand unlike the USA the UK is a signatory to the Convention, assuring validity of your Will whichever of the national forms you use.)
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Old 06.10.2012, 15:56
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Re: Writing A Swiss Will

I read that you have to pay 4% of the value of the assets in your will to get the will writen by a notary!!!!
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In the case I mentioned above it was, of course, a lot more than just a will as the documents had to be prepared for each of the children and a meeting arranged so that the Notary was satisfied that they understood what they were signing.

The will itself was about CHF 800.- and the Pacte successoral was about CHF 850.-

I can't answer your question about an official notary but I think that any notary could do it.
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