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Old 09.09.2010, 21:10
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Writing a will (under Swiss law)

I know that you will tell me to search, but I did do a quick one and couldn't find answers to all my questions. I've limited time as I need to get this written tonight....Can you let me know if I have understood correctly/answer my questions.

1)My will must be handwritten, no witnesses needed, just date time and place and signature.

2) Half must go to my husband, half to my child but can I leave items (e.g. jewelry) to other people such as friends and niece?

3) Does it have to be written in a national language or can I write it in English and it still be legal under Swiss law?

4) Can someone named in the will also be the executor - should this be my husband?

5) What happens to a joint bank account? Does this automatically go to my husband and not count as part of my estate?

6) Same as above for the flat. It's jointly owned by me and my husband. Does this automatically transfer to him or will half of my share go to my child?

7) I have a trust fund set up of which I am the beneficiary. Does this count as part of my assets or do the people who run the fund (my parents) choose who it goes to if I die? (And no, I'm not going to call up and ask them because I don't want them to know I'm writing one!)

Thank you!
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Old 09.09.2010, 22:35
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Re: Writing a will (under Swiss law)

You might find this thread to be of help:

Writing A Swiss Will
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Old 09.09.2010, 22:41
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Re: Writing a will (under Swiss law)

Why don't you write a rough copy of what ever you need/want and then go see a lawyer tomorrow or a permanence juridique ?

They'll be able to guide you correctly.
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Old 09.09.2010, 23:52
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Re: Writing a will (under Swiss law)

because I'm going in for an operation first thing tomorrow. And yes, I know I should have done it before.
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Old 10.09.2010, 00:07
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Re: Writing a will (under Swiss law)

Kalli, are you a Swiss citizen?

If not, and if you have a will made in your home country, you can state that your estate should be disposed of under the terms of that will, and of your home country's laws. This is called claiming Heimatrecht - you do so simply by writing down that you wish to claim Heimatrecht, date and sign. Written in your mother tongue is fine. It's also a good idea to have a copy of the home country will included.

If you are a Swiss citizen, then Heimatrecht does not apply and you need to follow Swiss law. I'm afraid can't really help you with Swiss wills, as I am not a citizen - but do look at that other thread, and at the additional threads referenced.

Also, here is an example of a pretty standard Swiss will, from the ZH Notariat:

http://www.notariate.zh.ch/not_erb_tes_mus.php



ETA: Here's a brochure from canton Bern:
http://www.bernernotar.ch/File/pdfs/.../testament.pdf


Hope all goes well with your operation, and wishing you a speedy recovery.

.

Last edited by meloncollie; 10.09.2010 at 00:19. Reason: added link
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Old 10.09.2010, 00:07
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Re: Writing a will (under Swiss law)

I do not know anything about the respective topic but I want to wish you good luck with our operation, I believe you will make it.

Tonight you`re on my prayers!!
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Old 12.09.2010, 10:20
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Re: Writing a will (under Swiss law)

Thanks for the links and thoughts! I wanted to write it under swiss law as I know that where I come from also has weird inheritance laws (plus which, I own property - well a mortgage! - here). I'm conscious again now, but there's nothing like the thought of having to go in for an operation and having a young baby to make you think that you ought to sort such things out!
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