Go Back   English Forum Switzerland > Help & tips > Family matters/health  
Reply
 
Thread Tools Display Modes
  #1  
Old 12.01.2010, 10:37
Member
 
Join Date: Apr 2008
Location: Zug
Posts: 114
Groaned at 0 Times in 0 Posts
Thanked 26 Times in 22 Posts
dibbydoo has no particular reputation at present
Wills and Power of Attorney

I'm not sure whether anyone can offer any advice (and if this is in the wrong spot please move it mods, thanks).

After watching TV last night I wondered about the situation here. We both have current wills in place but these were written when we were in the UK. Do we need to change them or will they still be valid in Switzerland.

Also, if either becomes unable to make our own decisions due to illness, accident etc how do we stand with power of attorney here? Is it automatically the spouse or do we need a legal document. It is now recommended in the UK to have one of these in place even if you are married and with joint everything as unless the other half dies, you don't have the right to make decisions relating to important thing like finances, medical treatment etc.

And, can anyone recommended an english speaking lawyer in Zug!

Thanks in advance.
Reply With Quote
  #2  
Old 12.01.2010, 10:47
Lou's Avatar
Lou Lou is offline
Forum Legend
 
Join Date: Mar 2006
Location: Zurich
Posts: 3,778
Groaned at 9 Times in 9 Posts
Thanked 3,227 Times in 1,474 Posts
Lou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond repute
Re: Wills and Power of Attorney

Unless you have joint bank accounts you need to grant power of attorney to your partner/spouse. This is the case for both incapacitation or death. They do not get automatic right to the contents of the account without it. You can get the relevant form from your bank for this.

Wills can be made according to your home countries laws and then registered with your local notoriate. You do not need a lawyer for this but if it makes you more comfortable you can use one.
Reply With Quote
This user would like to thank Lou for this useful post:
  #3  
Old 12.01.2010, 10:52
Member
 
Join Date: Apr 2008
Location: Zug
Posts: 114
Groaned at 0 Times in 0 Posts
Thanked 26 Times in 22 Posts
dibbydoo has no particular reputation at present
Re: Wills and Power of Attorney

Thanks for the quick reply. We have the one for the bank accounts but what do we need for any medical issues. I know its a bit morbid but if one of us if criticially injured and coma and life support is involved?

Thanks for the update on the wills. We should be ok then as our wills are fairly current.
Reply With Quote
  #4  
Old 13.01.2010, 09:04
LiquidPaper's Avatar
Forum Veteran
 
Join Date: May 2009
Location: Basel
Posts: 946
Groaned at 2 Times in 2 Posts
Thanked 992 Times in 459 Posts
LiquidPaper has a reputation beyond reputeLiquidPaper has a reputation beyond reputeLiquidPaper has a reputation beyond reputeLiquidPaper has a reputation beyond repute
Re: Wills and Power of Attorney

This is so timely!

My husband and I come from different non-EU countries, so we don't have a common country of origin. We also don't have wills, advance directives, or any legal document about what is to happen to our child if we were to die, or how we want to handle finances and other things in case of one of our deaths.

Is it fine to write a document (or documents) in English and then have them notarized in Switzerland? Will they be legally binding then, or do we need a lawyer to draft them (in English? in German?) for them to be valid?
Reply With Quote
  #5  
Old 13.01.2010, 09:30
Lou's Avatar
Lou Lou is offline
Forum Legend
 
Join Date: Mar 2006
Location: Zurich
Posts: 3,778
Groaned at 9 Times in 9 Posts
Thanked 3,227 Times in 1,474 Posts
Lou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond reputeLou has a reputation beyond repute
Re: Wills and Power of Attorney

You do not need a lawyer a notary is fine. This is the advice we got & followed. As for being legally binding, as long as they conform with the law everything should be fine. However if you have children and specify a person(s) to take the children in the event of your deaths this does not automatically happen especially if the children are to be moved to another country. The Swiss authorites will take their time to check the peron out to make sure they are suitable i.e. check police reports to ensure no convictions for child abuse etc. It can be a goods idea to stipulate an intermediary carer here in Switzerland so the child does not have to go into care while it is all sorted out.

Quote:
View Post
This is so timely!

My husband and I come from different non-EU countries, so we don't have a common country of origin. We also don't have wills, advance directives, or any legal document about what is to happen to our child if we were to die, or how we want to handle finances and other things in case of one of our deaths.

Is it fine to write a document (or documents) in English and then have them notarized in Switzerland? Will they be legally binding then, or do we need a lawyer to draft them (in English? in German?) for them to be valid?
__________________
“Photography is a way of feeling, of touching, of loving. What you have caught on film is captured forever… It remembers little things, long after you have forgotten everything.”
– Aaron Siskind
Reply With Quote
This user would like to thank Lou for this useful post:
  #6  
Old 13.01.2010, 10:02
LiquidPaper's Avatar
Forum Veteran
 
Join Date: May 2009
Location: Basel
Posts: 946
Groaned at 2 Times in 2 Posts
Thanked 992 Times in 459 Posts
LiquidPaper has a reputation beyond reputeLiquidPaper has a reputation beyond reputeLiquidPaper has a reputation beyond reputeLiquidPaper has a reputation beyond repute
Re: Wills and Power of Attorney

Quote:
View Post
However if you have children and specify a person(s) to take the children in the event of your deaths this does not automatically happen especially if the children are to be moved to another country. The Swiss authorites will take their time to check the peron out to make sure they are suitable i.e. check police reports to ensure no convictions for child abuse etc. It can be a goods idea to stipulate an intermediary carer here in Switzerland so the child does not have to go into care while it is all sorted out.
Thank you so much for this advice. It'll take some thinking over, but it's very good to know.
Reply With Quote
  #7  
Old 09.08.2018, 16:34
flavio's Avatar
Forum Veteran
 
Join Date: Jun 2009
Location: Winterthur
Posts: 772
Groaned at 69 Times in 40 Posts
Thanked 626 Times in 348 Posts
flavio has an excellent reputationflavio has an excellent reputationflavio has an excellent reputationflavio has an excellent reputation
Re: Wills and Power of Attorney

I would like to revive this topic with a question:
Anybody knows what is the cheapest way to get wills and powers of attorney in case of incapacity? (preferably canton of ZH)
My understanding is that there are large price differences depending on whether the notary is a private or a government one.
Can someone bring some light to this topic and the different options?

Thanks!
Reply With Quote
  #8  
Old 09.08.2018, 16:53
Mica's Avatar
Forum Veteran
 
Join Date: Oct 2007
Location: Zurich
Posts: 1,025
Groaned at 2 Times in 2 Posts
Thanked 1,318 Times in 581 Posts
Mica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond reputeMica has a reputation beyond repute
Re: Wills and Power of Attorney

Google "vorsorgeauftrag muster zürich". If you handwrite the whole will/power of attorney, date and sign it, you do not have to pay anything...
...otherwise you will need to go to a public notary. In the Canton Zurich there are only government notaries, accordingly the price will be the same (this being said you could also have your will notarized in another Canton).
Reply With Quote
Reply

Tags
legal




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
General power of Attorney oktatabyebye Permits/visas/government 11 16.02.2011 09:04
Question about Death Records and Wills - Geneva Malibu Finance/banking/taxation 2 18.06.2009 22:56
English Speaking Legal Help - Zurich. Wills, Living Wills, etc... ForzaRoma Family matters/health 2 06.03.2009 17:17
Power of attorney fees vydetra2 Permits/visas/government 4 21.05.2008 16:29
Lawyer to make Power of Attorney pickles Other/general 7 27.02.2008 17:08


All times are GMT +2. The time now is 14:03.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2023, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0