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Old 05.08.2019, 08:57
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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
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Old 05.08.2019, 09:08
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Re: Making a will

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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.
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Old 05.08.2019, 09:10
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Re: Making a will

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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.

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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
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Old 05.08.2019, 09:12
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Re: Making a will

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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
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Old 05.08.2019, 09:23
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Re: Making a will

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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.


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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.

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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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