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Old 09.05.2020, 14:19
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Drawing up a will

Hello, does anyone have any recommendation for a lawyer that can help with setting up a will and other relevant legal documents? Ideally, it is someone who is familiar with both US and Swiss rules and regulations. We are by no means millionaires though, so someone who works with normal people.
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  #2  
Old 09.05.2020, 15:17
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Re: Drawing up a will

Dr. Angela P. Read Randolph
Solicitor England & Wales and US Attorney (MA)
Managing Partner
London - Lisbon - Zurich
Office +41 43 477 8162
Mobile +41 79 661 70 82
https://selectadvisors.ch

She told us about 3hrs work, or 1,000francs. The first consultation is free though.

Certain it can be done cheaper ...
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Old 09.05.2020, 16:05
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Re: Drawing up a will

This is a good guide to a will in Switzerland:

https://www.internationalschoolparen...n-switzerland/


a swiss will does not have to be notarised or witnessed, only signed by you
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Old 09.05.2020, 16:10
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Re: Drawing up a will

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a swiss will does not have to be notarised or witnessed, only signed by you
Hand written in one of the national languages. (At least in Vaud; In French)

Last edited by bowlie; 09.05.2020 at 17:12.
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Old 09.05.2020, 16:12
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Re: Drawing up a will

As posted on other threads, here is a comprehensive list of shyster lawyers practicing in your canton. https://lawyer.anwaltvergleich.ch/lawyer-canton-AG.htm

You can see the languages spoken, areas of specialization, hourly rates and possibly some reviews.
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Old 09.05.2020, 16:28
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Re: Drawing up a will

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Hand written in one of the national languages.
Handwritten yes, in a national language no.

Mr HH's Will was in English, and accepted as valid.
(The Kanton can't decide if it should be executed under UK or Swiss law, but that's another story with purely administrative outcome!)
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Old 09.05.2020, 17:17
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Re: Drawing up a will

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Handwritten yes, in a national language no.

Mr HH's Will was in English, and accepted as valid.
(The Kanton can't decide if it should be executed under UK or Swiss law, but that's another story with purely administrative outcome!)
I was referring to Swiss Nationals, in the Canton of Vaud. I've edited my above post to clarify.
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Old 09.05.2020, 17:20
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Re: Drawing up a will

I used these:

https://www.vermoegenszentrum.ch/rat...ie-wissen.html

It worked well and was about 300chf if I remember right.
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Old 10.05.2020, 07:12
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Re: Drawing up a will

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(The Kanton can't decide if it should be executed under UK or Swiss law, but that's another story with purely administrative outcome!)
I have assumed from your post that you have ties back to the UK and there is a fundamental difference not in execution but in law between the UK and CH, which may or may not be important to you.

You can have a will drawn up in CH executed in accordance with the (UK) laws of England and Wales provided you have certain ties back to the UK.

Under the (UK) laws of England and Wales there is no automatic right to inherit, essentially meaning that you can do whatever you like with your property, money and chattels. You can choose to have your will drawn up in CH, live in CH peacefully then upon your death the will be executed in accordance with the (UK) laws of England and Wales. This is accepted in CH. Meaning: if you wish to differentiate between certain beneficiaries that under laws in other countries have an automatic legal entitlement, you can do that without there being any such obligation or legal entitlement in the UK. And these beneficiaries can challenge it through the UK courts all they like, they will get nowhere.

Simply put: according to the (UK) laws of England and Wales it’s your Estate you do entirely whatever you like with it, leave it all to the cats if you choose. Under the laws of CH, no such possibility. Certain family members have inheritance rights. Moreover, from what I understood, they get paid first.

You could choose to have exactly the same will executed in the UK and avoid any falling out and squabbling. Losing a loved one and coming to terms with it is hard enough without falling out and squabbling amongst beneficiaries making it worse.

You might also wish to consider any tax implications between the UK and CH.

You have, I’m sure, already figured all this out. But it may be helpful.

SS
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Old 10.05.2020, 09:37
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Re: Drawing up a will

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Handwritten yes, in a national language no.
This.

Otherwise it has to be witnessed (2) and notarized.

Tom
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Old 10.05.2020, 09:48
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Re: Drawing up a will

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I have assumed from your post that you have ties back to the UK and there is a fundamental difference not in execution but in law between the UK and CH, which may or may not be important to you.

You can have a will drawn up in CH executed in accordance with the (UK) laws of England and Wales provided you have certain ties back to the UK.

Under the (UK) laws of England and Wales there is no automatic right to inherit, essentially meaning that you can do whatever you like with your property, money and chattels. You can choose to have your will drawn up in CH, live in CH peacefully then upon your death the will be executed in accordance with the (UK) laws of England and Wales. This is accepted in CH. Meaning: if you wish to differentiate between certain beneficiaries that under laws in other countries have an automatic legal entitlement, you can do that without there being any such obligation or legal entitlement in the UK. And these beneficiaries can challenge it through the UK courts all they like, they will get nowhere.

Simply put: according to the (UK) laws of England and Wales it’s your Estate you do entirely whatever you like with it, leave it all to the cats if you choose. Under the laws of CH, no such possibility. Certain family members have inheritance rights. Moreover, from what I understood, they get paid first.

You could choose to have exactly the same will executed in the UK and avoid any falling out and squabbling. Losing a loved one and coming to terms with it is hard enough without falling out and squabbling amongst beneficiaries making it worse.

You might also wish to consider any tax implications between the UK and CH.

You have, I’m sure, already figured all this out. But it may be helpful.

SS
IŽd say the user name from OP is a give-away? Wisconsinite?
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Old 10.05.2020, 10:48
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Re: Drawing up a will

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I have assumed from your post that you have ties back to the UK and there is a fundamental difference not in execution but in law between the UK and CH, which may or may not be important to you.

You can have a will drawn up in CH executed in accordance with the (UK) laws of England and Wales provided you have certain ties back to the UK.

Under the (UK) laws of England and Wales there is no automatic right to inherit, essentially meaning that you can do whatever you like with your property, money and chattels. You can choose to have your will drawn up in CH, live in CH peacefully then upon your death the will be executed in accordance with the (UK) laws of England and Wales. This is accepted in CH. Meaning: if you wish to differentiate between certain beneficiaries that under laws in other countries have an automatic legal entitlement, you can do that without there being any such obligation or legal entitlement in the UK. And these beneficiaries can challenge it through the UK courts all they like, they will get nowhere.

Simply put: according to the (UK) laws of England and Wales it’s your Estate you do entirely whatever you like with it, leave it all to the cats if you choose. Under the laws of CH, no such possibility. Certain family members have inheritance rights. Moreover, from what I understood, they get paid first.

You could choose to have exactly the same will executed in the UK and avoid any falling out and squabbling. Losing a loved one and coming to terms with it is hard enough without falling out and squabbling amongst beneficiaries making it worse.

You might also wish to consider any tax implications between the UK and CH.

You have, I’m sure, already figured all this out. But it may be helpful.

SS
Thank you for your thorough and thoughtful post. Yes, British national, no longer resident (since 2009) and arguably no longer domiciled.

Luckily (in this particular case), even if there was no Will, both UK and Swiss law would have exactly the same outcome in both tax and inheritance matters. And that outcome corresponds with the Will - which was written in the UK, 4-5 years before we moved to CH.

So, from the beneficiary point of view, it's a null issue.....but unfortunately, Kanton Bern seems not to want to issue the probate document until they have considered their navels for who-knows-long. Luckily, no assets are "blocked", so the delay has minimal practical impact (if I wanted to sell the house, it would be a whole different game).

To anyone else in a similar boat.....this can be avoided by handwriting an addendum stating that you want your Will executed under UK law. Mr HH knew this, and we got advice on the wording some 3 years before he died. However, he didn't get round to writing it - with terminal cancer he simply didn't want to face his own mortality.

So if you are healthy....do this stupid paperwork now, while it all feels hypothetical, rather than waiting until it feels real and scary.

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IŽd say the user name from OP is a give-away? Wisconsinite?
nope, 100% British!
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Old 10.05.2020, 11:23
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Re: Drawing up a will

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IŽd say the user name from OP is a give-away? Wisconsinite?
Ohhhhhh then in the quest to be helpful why does the post specifically reference having the Will administered (executed) in the UK?

Or are you just trying to say “shut up and read properly, fool” nicely?
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Old 10.05.2020, 11:33
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Re: Drawing up a will

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However, he didn't get round to writing it - with terminal cancer he simply didn't want to face his own mortality.

So if you are healthy....do this stupid paperwork now, while it all feels hypothetical, rather than waiting until it feels real and scary
I can testify to that. The mess it leaves behind is devastating......
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Old 10.05.2020, 11:41
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Re: Drawing up a will

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Ohhhhhh then in the quest to be helpful why does the post specifically reference having the Will administered (executed) in the UK?
It doesn't:

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Hello, does anyone have any recommendation for a lawyer that can help with setting up a will and other relevant legal documents? Ideally, it is someone who is familiar with both US and Swiss rules and regulations. We are by no means millionaires though, so someone who works with normal people.
Tom
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Old 10.05.2020, 11:57
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Re: Drawing up a will

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The Kanton can't decide if it should be executed under UK or Swiss law
Hhmmmmm.....
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Old 10.05.2020, 12:45
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Re: Drawing up a will

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IŽd say the user name from OP is a give-away? Wisconsinite?
The post he was replying to related to the UK, the post wasn’t aimed at the OP.


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Ohhhhhh then in the quest to be helpful why does the post specifically reference having the Will administered (executed) in the UK?

Or are you just trying to say “shut up and read properly, fool” nicely?
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It doesn't:



Tom
He wasn’t replying to the OP, he was replying to a specific post relating to UK/Swiss laws.
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Old 10.05.2020, 18:18
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Re: Drawing up a will

Please start here: http://uniset.ca/misc/swissestates.pdf

A brochure formerly distributed by the Swiss Embassy in Washington.
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Old 10.05.2020, 19:24
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Re: Drawing up a will

If you want your will to be handed under anything else than the Swiss jurisdiction you must claim so as part of the will. You can only do this if you are not Swiss. But even if you are Swiss you can write your will in any language, including Latin, Old Hebrew, Esperanto, or Klingon. https://www.ktipp.ch/artikel/artikel...sch-verfassen/

To be valid w/o a notary or any witnesses the will must be written from the very beginning to the very by hand, it must be dated with year, month, and day, and it must be signed. You might use a napkin, better used a lined paper.

Be aware about the consequences:
- what substantial inheritance law will apply.
- what procedural law will apply.
- where the will, will be executed.
- what your own countries law says about international inheritances.
- who might contest the will, what might be the reason, and the likelihood.
- which countries might have jurisdiction if the will is contested.

The Swiss authorities will not contest your will, unless you might have excluded a statutory heir which is minor.
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  #20  
Old 10.05.2020, 19:46
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Re: Drawing up a will

I am in a similar situation to you and I made a will this year. I sent you a PM about my experience.
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