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-   -   Making a will (https://www.englishforum.ch/family-matters-health/293361-making-will.html)

daniella 05.08.2019 08:57

Making a will
 
Good morning, Confused about making a will in CH. I'm Swiss by marriage, separated with divorce pending and have one son. I'm about to have a serious operation and was advised to make a will, just in case ! No spare cash to pay a notaire so is it legally binding to write a will by hand and leave it with someone ? I do have a lawyer for the divorce - could she sign my will ?
Also, I am legally separated and would like to know if my part of the house would go directly to my son if anything happened to me ?
Would be most grateful for any advice as it's a harrowing time and I'd like to have a clearer vision of what I need to do.
Many thanks in advance,
Daniela

Today only 05.08.2019 09:08

Re: Making a will
 
Quote:

Originally Posted by daniella (Post 3088221)
Good morning, Confused about making a will in CH. I'm Swiss by marriage, separated with divorce pending and have one son. I'm about to have a serious operation and was advised to make a will, just in case ! No spare cash to pay a notaire so is it legally binding to write a will by hand and leave it with someone ? I do have a lawyer for the divorce - could she sign my will ?
Also, I am legally separated and would like to know if my part of the house would go directly to my son if anything happened to me ?
Would be most grateful for any advice as it's a harrowing time and I'd like to have a clearer vision of what I need to do.
Many thanks in advance,
Daniela




The will needs to be written by hand and witnessed by 2 people.


As you have only 1 dependant (son) you may leave 100% to him with no problem, including your share of the house


Keep it simole and clear as you imply your ex husbands' relation with your son may not be so good.

st2lemans 05.08.2019 09:10

Re: Making a will
 
Quote:

Originally Posted by daniella (Post 3088221)
is it legally binding to write a will by hand and leave it with someone ?

Yes. You can also leave at at your town hall.

Quote:

Originally Posted by daniella (Post 3088221)
I am legally separated and would like to know if my part of the house would go directly to my son if anything happened to me ?

No. Separated is not divorced.

Tom

st2lemans 05.08.2019 09:12

Re: Making a will
 
Quote:

Originally Posted by Today only (Post 3088226)
The will needs to be written by hand and OR witnessed by 2 people.

FTFY.

https://www.ch.ch/en/how-do-i-make-a-will/

Tom

aSwissInTheUS 05.08.2019 09:23

Re: Making a will
 
Quote:

Originally Posted by Today only (Post 3088226)
The will needs to be written by hand and witnessed by 2 people.

Please inform yourself about the exact formalities:
https://www.ch.ch/en/how-do-i-make-a-will/
Two witnesses are not needed for a hand written will.


Quote:

Originally Posted by Today only (Post 3088226)
As you have only 1 dependant (son) you may leave 100% to him with no problem, including your share of the house

The person in question is not yet divorced. One can leave 100% to the son, but the husband could claim his share by law (Pflichtteil). Nobody knows if he will. Once legally divorced the ex-husband has no longer any claim.

Quote:

Originally Posted by Today only (Post 3088226)
Keep it simole and clear as you imply your ex husbands' relation with your son may not be so good.

Correct. Like: My only son <personal details> shall be the sole heir.


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