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Old 27.07.2014, 20:56
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Making a will

I've read other threads about making a will under English law. I have a bank account in the UK (offshore) and here in Switzerland and want to be sure my remaining family would not have a problem gaining access to the money. So if I understand correctly, I need to make a will in the UK and then provide a copy to the "authorities" here - is that correct? Someone mentioned using an online UK will service, but I have been unable to find one that doesn't require a UK address. Does anyone know of one that will accept an address outside of the UK?
Thanks!


Carolyn
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Old 27.07.2014, 21:02
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Re: Making a will

Information is on the Forum.

Copies are considered illegal. Must be handwritten Will, specifying English law, lodged with your Swiss commune. Or go to Swiss lawyer.

You should declare your off shore accounts to Swiss tax man.
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Old 27.07.2014, 21:05
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Re: Making a will

I doubt it. You'd have to get it drawn up in the UK and copied so you have a copy to deposit with your gemeinde/commune. Whether you'd need to translate it too I don't know.

Is it possible to draw up two separate wills, one to deal with the Swiss end and one for the UK? I ask because I'm also needing to get wills sorted out and we're in the same sort of situation. Accounts and property in both countries.
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Old 27.07.2014, 21:42
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Re: Making a will

Thank you Sbrinz, but I don't find the answer to my question about the online service anywhere on the forum. I didn't ask about tax but thanks for the unsolicited advice - not sure why you would assume it's not declared, or what that has to do with my initial question.
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Old 27.07.2014, 22:06
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Re: Making a will

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Must be handwritten Will, specifying English law, lodged with your Swiss commune.
Sorry, but that it incorrect.

It must either be hand written, or signed in front of a notary and two witnesses.

Also, it doesn't need to be lodged at the commune, though it does make things easier.

Tom
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Old 27.07.2014, 22:12
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Making a will

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Sorry, but that it incorrect.

It must either be hand written, or signed in front of a notary and two witnesses.

Also, it doesn't need to be lodged at the commune, though it does make things easier.

Tom

However the English will dealing with non Swiss assets will must be prepared under UK law so 2 witnesses .
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Old 26.12.2014, 21:49
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Re: Making a will

This is all so confusing! Even after reading the threads on this matter I still don't know what I am supposed to do with our UK will once we get to Basel (holy crap only 4 more days &#128565
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Old 26.12.2014, 21:57
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Re: Making a will

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This is all so confusing! Even after reading the threads on this matter I still don't know what I am supposed to do with our UK will once we get to Basel (holy crap only 4 more days &#128565
Nothing as it's valid, depending on your level of Swiss assets you might want a Swiss one as well.
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Old 26.12.2014, 22:17
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Re: Making a will

Thanks fatmanfilms. We just redid our will (added a child) and the guy who did it (not a lawyer just some guy who came to our house) said the part about our British children being taken care of our Australian relatives wouldn't be valid in Switzerland. Hence the confusion, and God forbid I ask a separate question!
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Old 09.08.2016, 13:11
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Re: Making a will

Hi - did you ever find out the status re: who would look after your kids etc? We're trying to get our heads around that at present...
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Old 09.08.2016, 15:25
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Re: Making a will

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Hi - did you ever find out the status re: who would look after your kids etc? We're trying to get our heads around that at present...
Closest blood relative is how it works here.

Tom
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Old 09.08.2016, 15:36
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Re: Making a will

As I understand it you can have a will in Switzerland which would be executed in accordance with English Law as long as it is properly and legally drawn up. You can also make provision for children and trusts to minimise inheritance tax issues in the future.
There is a lady I have met recently who is a UK qualified lawyer, trusts and estates practitioner specialising in English wills and probate. Her name is Victoria McLagan and she has a website www.ewps.ch. I am sure she would advise you and arrange to see you if you want to take it further.
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Old 09.08.2016, 15:58
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Re: Making a will

Tom - even if closest blood relative is overseas? Thx.
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Old 09.08.2016, 16:17
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Re: Making a will

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did you ever find out the status re: who would look after your kids etc? We're trying to get our heads around that at present...

FYI Sorgerechtsverfügung, the process of naming a guardian for your children:

(I'm afraid I don't know what the French is. Anyone across the Rostigraben care to chime in?)

As I understand it - and all you lawyerly types, please correct me where I am wrong - the Swiss Sorgerechtsverfügung is not absolutely binding. Your wishes would be taken into account as long as the children's welfare would not be not compromised or as long as there is not deemed to be any significant reason to disregard them. The KESB would be the agency stepping in.

That said, does claiming Heimatrecht to have your will executed under your home country law also encompass guardianship of minor children? I don't know - but I would suggest investigating this fully as it is far too important an issue to leave anything unresolved. Perhaps you should consult a lawyer qualified in both countries' systems to ensure guardianship for your children follows your plans and wishes.


A bit of background, from the Tagi:

http://tagesanzeiger.sich-erinnern.c...chtsverfuegung
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Old 09.08.2016, 16:19
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Re: Making a will

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Tom - even if closest blood relative is overseas? Thx.
No idea, I've only had to deal with it here.

Tom
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