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-   -   Swiss law regarding executor of a Last Will. (https://www.englishforum.ch/family-matters-health/158148-swiss-law-regarding-executor-last-will.html)

omtatsat 30.09.2012 21:00

Swiss law regarding executor of a Last Will.
 
As an Australian with Swiss Nationality and living in Switzerland can I appoint an Australian attorney as executor of my Last Will or can I only appoint a Swiss Attorney. I have assets in Australia that would have to be taken care of. Thanks

st2lemans 30.09.2012 21:03

Re: Swiss law regarding executor of a Last Will.
 
You need attorneys in both countries.

My Swiss MIL died last year with property in Italy, we had to engage a separate attorney in Italy for that.

Tom

omtatsat 30.09.2012 21:12

Re: Swiss law regarding executor of a Last Will.
 
Then one can make either a Swiss Last will or an Australian Last Will? Or is only a Swiss Will accepted?
Quote:

Originally Posted by st2lemans (Post 1677035)
You need attorneys in both countries.

My Swiss MIL died last year with property in Italy, we had to engage a separate attorney in Italy for that.

Tom


st2lemans 30.09.2012 21:23

Re: Swiss law regarding executor of a Last Will.
 
If you are Swiss and living in Switzerland, only a Swiss will is valid.

But you still need someone to deal with the foreign stuff, unless your Swiss lawyer is able to do so.

Tom

Mica 01.10.2012 13:23

Re: Swiss law regarding executor of a Last Will.
 
Quote:

Originally Posted by omtatsat (Post 1677034)
As an Australian with Swiss Nationality and living in Switzerland can I appoint an Australian attorney as executor of my Last Will or can I only appoint a Swiss Attorney. I have assets in Australia that would have to be taken care of. Thanks

At least from the Swiss perspective there are no nationality requirements, the executor does not need to be an attorney and you can appoint multiple executors.
http://www.admin.ch/ch/e/rs/210/a517.html

It really depends on how complex your holdings are whether it makes sense to have multiple executors. Also you will need clear instructions which executor shall be responsible for what, otherwise they will need to decide jointly.

Australia may have different rules, so it may make sense to check beforehand.

Mica 01.10.2012 13:27

Re: Swiss law regarding executor of a Last Will.
 
Quote:

Originally Posted by omtatsat (Post 1677039)
Then one can make either a Swiss Last will or an Australian Last Will? Or is only a Swiss Will accepted?

Art. 90 Private International Law Statute allows a foreigner with last domcile in Switzerland to choose his home law, but if he receives Swiss citizenship (even only as a dual citizen), his last will will be subject to Swiss law.

omtatsat 02.10.2012 15:53

Re: Swiss law regarding executor of a Last Will.
 
Under a Swiss Will its compulsory to leave a part to the wife ( 25%) and part to child ( 37.5%) ( or childeren.) One can do what one likes with the rest ( 37.5).
If one has property and is getting a return from the property then how does one include that in the will.


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