 | | 
28.11.2018, 17:52
| Member | | Join Date: Oct 2007 Location: Aeugst am Albis (Zurich)
Posts: 174
Groaned at 0 Times in 0 Posts
Thanked 35 Times in 21 Posts
| | Will
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
| 
28.11.2018, 18:12
|  | Senior Member | | Join Date: Mar 2010 Location: GR & ZH
Posts: 381
Groaned at 1 Time in 1 Post
Thanked 260 Times in 148 Posts
| | Re: Will
Try "making a will" on the search bit
| 
28.11.2018, 18:30
|  | Moderately Amused | | Join Date: Jul 2010 Location: Bern area
Posts: 11,489
Groaned at 92 Times in 87 Posts
Thanked 20,012 Times in 8,857 Posts
| | Re: Will | The following 5 users would like to thank 3Wishes for this useful post: | | 
28.11.2018, 18:50
| Forum Legend | | Join Date: Sep 2006 Location: na
Posts: 11,471
Groaned at 37 Times in 33 Posts
Thanked 27,322 Times in 8,431 Posts
| | Re: Will
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.)
| This user would like to thank meloncollie for this useful post: | | 
28.11.2018, 19:15
|  | Forum Legend | | Join Date: Dec 2010 Location: Lugano
Posts: 32,621
Groaned at 2,594 Times in 1,851 Posts
Thanked 39,711 Times in 18,723 Posts
| | Re: Will | Quote: | |  | | | 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
| The following 2 users would like to thank st2lemans for this useful post: | | 
29.11.2018, 10:57
|  | Forum Veteran | | Join Date: Oct 2007 Location: Vaud/Valais
Posts: 1,009
Groaned at 30 Times in 18 Posts
Thanked 1,324 Times in 585 Posts
| | Re: Will
British subjects can have their Will drawn up requesting English law be applied if they so desire.
| 
29.11.2018, 11:06
| Member | | Join Date: Oct 2007 Location: Aeugst am Albis (Zurich)
Posts: 174
Groaned at 0 Times in 0 Posts
Thanked 35 Times in 21 Posts
| | Re: Will
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.
| 
08.02.2020, 16:40
| Newbie | | Join Date: Feb 2016 Location: Zurich
Posts: 3
Groaned at 0 Times in 0 Posts
Thanked 2 Times in 1 Post
| | Wills and estates
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?
| 
09.02.2020, 06:06
|  | Forum Legend | | Join Date: Dec 2012 Location: Aargau
Posts: 2,738
Groaned at 11 Times in 10 Posts
Thanked 3,899 Times in 1,699 Posts
| | Re: Wills and estates
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 | This user would like to thank Mullhollander for this useful post: | | 
09.02.2020, 06:52
| Banned | | Join Date: Oct 2007 Location: CH
Posts: 10,970
Groaned at 2,032 Times in 1,120 Posts
Thanked 5,139 Times in 3,246 Posts
| | Re: Will | Quote: | |  | | | 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 )
Last edited by omtatsat; 09.02.2020 at 07:19.
| 
09.02.2020, 08:05
| Banned | | Join Date: Oct 2007 Location: CH
Posts: 10,970
Groaned at 2,032 Times in 1,120 Posts
Thanked 5,139 Times in 3,246 Posts
| | Re: Wills and estates
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? | 
09.02.2020, 09:13
|  | Forum Legend | | Join Date: Jul 2011 Location: Switzerland
Posts: 22,880
Groaned at 446 Times in 344 Posts
Thanked 17,996 Times in 10,052 Posts
| | Re: Will | This user would like to thank Medea Fleecestealer for this useful post: | | 
09.02.2020, 10:08
|  | Moderately Amused | | Join Date: Jul 2010 Location: Bern area
Posts: 11,489
Groaned at 92 Times in 87 Posts
Thanked 20,012 Times in 8,857 Posts
| | Re: Will
Thanks for the bump to the old thread, omtatsat. I've merged the more recent one into it. | 
11.02.2020, 05:14
| Forum Legend | | Join Date: Mar 2008 Location: ZH
Posts: 8,727
Groaned at 104 Times in 85 Posts
Thanked 13,490 Times in 5,492 Posts
| | Re: Will | Quote: | |  | | | 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.
Last edited by doropfiz; 11.02.2020 at 06:20.
| 
11.02.2020, 09:18
|  | Forum Veteran | | Join Date: Oct 2007 Location: Zurich
Posts: 990
Groaned at 1 Time in 1 Post
Thanked 1,259 Times in 558 Posts
| | Re: Will
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).
| This user would like to thank Mica for this useful post: | | 
29.02.2020, 03:52
| Forum Legend | | Join Date: Mar 2008 Location: ZH
Posts: 8,727
Groaned at 104 Times in 85 Posts
Thanked 13,490 Times in 5,492 Posts
| | Re: Will
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.
Last edited by doropfiz; 02.03.2020 at 03:47.
Reason: typo
| This user would like to thank doropfiz for this useful post: | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | Thread Tools | | Display Modes | Linear Mode |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | |
Similar Threads | Thread | Thread Starter | Forum | Replies | Last Post | Making a will | Carolyn7 | Finance/banking/taxation | 14 | 09.08.2016 15:19 | Only Time Will Tell... But Will It? | Laempefescht | Daily life | 28 | 01.02.2013 14:21 | Writing a Will | Gully | Family matters/health | 2 | 08.08.2012 13:02 | Making a Will | omtatsat | Finance/banking/taxation | 3 | 17.07.2011 14:54 | Will | MotorsportsNorton | Finance/banking/taxation | 5 | 27.11.2009 21:42 | All times are GMT +2. The time now is 12:10. | |