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Old 04.06.2012, 17:20
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Finding a will

I am trying to figure out how to find a living will from someone who was deceased in Switzerland. Does anyone know how to go about finding this information?
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Old 04.06.2012, 17:23
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Re: Finding a will

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I am trying to figure out how to find a living will from someone who was deceased in Switzerland. Does anyone know how to go about finding this information?
Ask that person where the will is?....

oops.
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Old 04.06.2012, 17:27
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Re: Finding a will

Depends on the Canton. In Canton Zurich, wills are kept at the "Staatliches Notariat".
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Old 04.06.2012, 17:31
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Re: Finding a will

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Ask that person where the will is?....

oops.
The person is deceased
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Old 04.06.2012, 17:34
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Re: Finding a will

Where did they die? Where did they live in Switzerland? Switzerland is a federation, we need to know which canton.
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Old 04.06.2012, 17:36
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Re: Finding a will

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Depends on the Canton. In Canton Zurich, wills are kept at the "Staatliches Notariat".
Similar thing in Ticino, though not all are in one place, it goes by district here (Mendrisio, Lugano, Locarno, etc.)

Also, if the person had a lawyer, they should know.

Tom
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Old 04.06.2012, 17:37
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Re: Finding a will

As Tom says, many people will have left a copy of their Testament with the Gemeinde Notary. So that should be your first port of call.

If you don't know how to get in touch with the Notary, tell us the deceased's last residence and we might be able to point you in the right direction.

Do you know that a Testament was made? I ask because unlike US law, Swiss inheritence law has the concept of statuory heirs, stipulating how an estate must be divided if the deceased was a Swiss citizen. For that reason, some people don't make wills, but rely on the default.


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a living will

Just re-read your initial post.

Could you clarify: are we talking about a will/Testament covering the disposition of assets in the estate after death, or a living will in the US sense, an advance directive detailing one's wishes for medical care should one become incapacatated to the point that one cannot make one's wishes known?
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Old 04.06.2012, 17:52
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Re: Finding a will

Thank you everyone for your help, the person was my grandfather, his house in Vouvry but mostly stayed with a lady friend in Meix, my uncle has been in charge of everyhing and I think is screwing me (pardon my language)
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Old 04.06.2012, 18:03
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Re: Finding a will

Well, for starts, in Switzerland one can give up to 25% to whomever, the remainder goes half to the spouse, and the other half to be divided equally among the children. Should the deceased be divorced or widowed, then the remainder gets equally divided among the children. Debts also get shared.

Tom
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Old 04.06.2012, 18:26
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Re: Finding a will

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Well, for starts, in Switzerland one can give up to 25% to whomever, the remainder goes half to the spouse, and the other half to be divided equally among the children. Should the deceased be divorced or widowed, then the remainder gets equally divided among the children. Debts also get shared.

Tom
thank you, its canton valais
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Old 04.06.2012, 18:35
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Re: Finding a will

Meloncollie, I assume the "Gemeinde"Notary is the Cantonal Notary? I also assume this is the canton in which the deceased was legally resident, as opposed to the canton in which the Will was drawn-up, assuming it is different from the registered place of residence?
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Old 04.06.2012, 18:50
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Re: Finding a will

Merrylegs, I have my Testament filed with the Gemeinde/Bezirk notary - it's handled at the local level here in deepest darkest SZ.

When we moved from ZH (where IIRC, we also had our Testament filed with the local notary... ) we drew up a new Testament and filed that with the notary in our new Gemeinde - and informed the one in ZH that we had done so, as we were no longer resident there. I have no idea if this is a standard procedure, or not.

I don't know what the process in other cantons is... as with everything in Switzerland, I would assume it varies. But the OP could start her search with the communal notary in Vouvry if that was her grandfather's last residence. At the least, he/she could guide the OP as to next steps.

(This of course assumes that there was indeed a testament made.)

---

Amelia, perhaps you might want to read a bit about Swiss inheritance law, as it is radically different than inheritance law in the US. Here's a thread on the subject, including a link to the CS chart detailing who gets what under Swiss statutory inheritance (Pflichtteil) in post 23:

Writing A Swiss Will

Do you speak French? If so, here is an explanation from canton Valais:

http://www.vs.ch/NavigData/DS_18/M23...uccessions.pdf

(I can give you a more comprehensive one in German, if that helps...)



Key points will be whether or not your grandfather was a Swiss citizen, and to determine whether he actually wrote a Testament, or not.
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Old 04.06.2012, 19:08
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Re: Finding a will

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, my uncle has been in charge of everyhing and I think is screwing me (pardon my language)
...

Finally we get the important information!
I knew they was something beneath your 1st post, hence my stupid comment.


1) So finding a "living will", is probably referring to something he made while alive. Something that the uncle could have interfered and hid. So it's almost impossible in that case. And almost silly to ask.


2) Unless it means something declared, then I see there's already answers (see local notary, and all that).

Anyway, often "family" will be the 1st to "screw" you, maybe they feel they deserve more or something.
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Old 04.06.2012, 20:37
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Re: Finding a will

Vouvry is a small commune next to Monthey, in Valais.

The village has a website http://www.vouvry.ch/



Last edited by Sbrinz; 04.06.2012 at 21:30. Reason: wrong info
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Old 04.06.2012, 21:18
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Re: Finding a will

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Vouvry is a small commune next to Monthey, in Valais.

The village has a website http://www.vouvry.ch/

Your first contact could be the

Chief Administrator (He is known as the "Greffe"),

Administration Communale
Tous les services de l'Administration communale

1896 Vouvry

http://yellow.local.ch/en/d/Vouvry/1...n&where=Vouvry

Phone: 010 41 24 482 12 12

I am sorry Sbrinz but the Commune cannot give any info.
The death certificates go always to the "Préfet" of the district (Amtsbezirk).
He is the one who must look if there is somewhere a will or testement.
Although the notary can open the testement, it is the "Préfet" who says if it is in order or not.
It is also the "Prefet" who must control that everyone in the near family, have a copy of the testement.
The "Prefet" must take charge and store the testement papers.
If there was no testement or no known relatives, it is the "Préfet" who must make a search publication in all the Amts Newspapers.

If I was looking for someone who died in VOUVRY I would start here :-

Préfet

Lattion Antoine
Administrateur
Pré-Géroux 16
1893 Muraz (Collombey)

Téléphone: 024 / 472 73 65
Mobile : : 079 / 211 96 73
E-mail: lattion.antoine@netplus.ch
He is the "Préfet" from the district of Monthey.
Vouvry is a part of this district.

Hope this helps.
Salut Zämma
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Old 04.06.2012, 21:31
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Re: Finding a will

I'd say if you can afford it, the best thing is to come over and sort this out. Very difficult by e-mail and letters. Are you in contact with his lady friend? It is very likely he has given her the available 25%, which seems fair enough.
How is your French?
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