Will

CK7 · #1 28.11.2018, 18:52

Hello
We would like to make a will. Does anyone know where is best to start with this. Currently we have nothing in place and live in Kanton Zurich
Thanks

Nixi · #2 28.11.2018, 19:12

Try "making a will" on the search bit

3Wishes · #3 28.11.2018, 19:30

Since the search function is a bit clunky, I've narrowed it down for you to threads that may help:

meloncollie · #4 28.11.2018, 19:50

For non-citizens, an important question would be whether you are happy to have your estate settled according to Swiss law, or whether you would wish to claim Heimatrecht and settle it under your home country law.

(Swiss statutory inheritance is an issue for some.)

Citizens have no choice, the estate will follow Swiss law. Assuming, of course, one shuffles off this mortal coil whilst resident in Switzerland.)

st2lemans · #5 28.11.2018, 20:15

	Quote:	meloncollie
	For non-citizens, an important question would be whether you are happy to have your estate settled according to Swiss law, or whether you would wish to claim Heimatrecht and settle it under your home country law. (Swiss statutory inheritance is an issue for some.)

Depends on where one is from, as Italy and other countries have the same laws for inheritance as Switzerland.

Tom

Merrylegs · #6 29.11.2018, 11:57

British subjects can have their Will drawn up requesting English law be applied if they so desire.

CK7 · #7 29.11.2018, 12:06

Thanks for that - We are happy to go with the swiss law as long as we have the will in place. I guess I am looking for a place to start - is it with the notary, or is it with a lawyer? I have read a lot on the forum about how to make it legal for your will from other countries.

sfduchamp · #8 08.02.2020, 17:40

We are US expats and looking to create our wills, create powers of attorney, and set up our estate regarding US real estate and international accounts. Where do we begin?

doropfiz · #9 08.02.2020, 23:26

Welcome!

Here's a good place to begin:
https://www.englishforum.ch/other-ge...8300-will.html

Mullhollander · #10 09.02.2020, 07:06

This link is to a Swiss law firm's article "The Swiss-American Succession". Pages 19-26 appear to be relevant:

https://www.baerkarrer.ch/publicatio...Succession.pdf

omtatsat · #11 09.02.2020, 07:52

	Quote:	meloncollie
	For non-citizens, an important question would be whether you are happy to have your estate settled according to Swiss law, or whether you would wish to claim Heimatrecht and settle it under your home country law. (Swiss statutory inheritance is an issue for some.) Citizens have no choice, the estate will follow Swiss law. Assuming, of course, one shuffles off this mortal coil whilst resident in Switzerland.)

Thats not correct I believe. Swiss inheritance laws are not applicable when one has property in a foreign country. Then its the inheritance laws of that country which are applicable and one has to state that in the will of that country. For any movable assets-cash etc then Swiss laws are applicable.( or more correct take preference )

omtatsat · #12 09.02.2020, 09:05

Seems to be a flurry of new threads on EF on Wills and how to make. Could the Coronavirus have something to do with this?

Medea Fleecestealer · #13 09.02.2020, 10:13

https://www.ch.ch/en/how-do-i-make-a-will/

3Wishes · #14 09.02.2020, 11:08

Thanks for the bump to the old thread, omtatsat. I've merged the more recent one into it.

doropfiz · #15 11.02.2020, 06:14

	Quote:	omtatsat
	Thats not correct I believe. Swiss inheritance laws are not applicable when one has property in a foreign country. Then its the inheritance laws of that country which are applicable and one has to state that in the will of that country. For any movable assets-cash etc then Swiss laws are applicable.( or more correct take preference )

As far as I understand it, this is not a blanket rule, but depends entirely on the two countries involved, and what they may or ay not have decreed, alone or together.

Some countries have a default legal perspective that their own laws are always applicable, irrespective of what the laws of the other country may say. Those dealing with two such countries can end up with two sets of duties and responsibilities to fulfil, which can be very negative (and expensive) for the individual (or their heirs).

In acknowledgment of that, and to diminish the burden, "Dual Taxation" agreements have been set up. More precisely, they are called agreements to avoid Dual Taxation, or to provide some relief from it.

If your two countries do have a bilateral "Dual Taxation" agreement, then it is highly likely to specify something about the tax to do with death. Since inheritance tax is a factor in some countries but not in others, and the way the deceased estate itself could be taxed is also related to this, some "Dual Taxation" agreements also end up dealing with some aspects of inheritance law. From this, in some cases, it is possible to draw conclusions about (or find references to) the actual laws of each country's testate and intestate inheritance.

Even where there is no "Dual Taxation" agreement, a country's law specifies not only the laws of succession, but also whether the law applies to citizens, to residents, or to assets in their country, but also specifies how that country has decided to regard each of those same aspects when some or all of the people or assets are abroad.

The overall point is: it is not the case that one size fits all.

For any two countries, to get the proper picture, you have to know about

any bilateral treaties signed between those countries, and
which aspects of tax and inheritance they cover, and, in addition to that,
what each country's laws specify (independently of the other country),
the extent to which each country will respect and uphold the inheritance laws of the other country.

This is not an personal endorsement, but I've heard positive reports of the Vermögenszentrum in Zurich. Perhaps they'd be able to tell you, specifically with regard to Switzerland and Australia.

Mica · #16 11.02.2020, 10:18

Indeed the EU Succession Regulation now covers the EU and provides that a single law of one country should be applicable to succession / inheritance:
More information here: https://www.walderwyss.com/user_asse...tions/1273.pdf

With Switzerland not in the EU there are may be some compatibility issues, hence it makes sense to have a lawyer or notary review your arrangements if you have a cross-border situtation, i.e. living in Switzerland, property abroad (PM me for suggestions).

doropfiz · #17 29.02.2020, 04:52

Today I stumbled across this website, with a collection of various service providers with regard to death. It is called "dein adieu", i.e. your farewell.
https://www.deinadieu.ch/dienstleisterverzeichnis/

There, one can select "Notare und Rechtsanwälte" (notaries and lawyers) Swiss-wide. One can't search further, within their skill-sets, but many have their websites, and perhaps with a little digging one could find some who speak the right language(s) and deal with the countries one needs.