How to Contest a Will in Switzerland
How to Contest a Will in SwitzerlandUpdated on Friday 22nd December 2017
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When drawing up a will in Switzerland, specific rules of law have to be followed. A valid will has to comply with specific legal requirements and, if parts of them are not stipulated in the document, the heirs can contest its provisions. At the same time, the heirs are allowed to contest the will if they consider that they did not inherit as much as they were entitled to. Our team of Swiss lawyers can assist local and foreign persons with more information on this matter. Also, it is important to know that foreign wills are recognized under the Swiss legislation, as long as the document complies with the regulations of the Hague Testamentary Disposition Convention.
The will did not comply with the Swiss law
A Swiss will has to contain specific elements in order to be considered valid. It has to be signed and dated by the testator (the person concluding the will) and if one of these elements are not present, the document can lose its legal validity. At the same time, it is necessary to submit a will that is handwritten by the testator and, more importantly, Swiss wills have to be signed in front of a public notary in Switzerland.
Testator’s mental capacity in Switzerland
Any person with an age above 18 years old can conclude a will in Switzerland. Another compulsory requirement in this sense is the mental capacity of the testator. If the heirs or other parties can prove that the testator was not of sound mind at the moment when the will was signed, they will be entitled to contest the document. Our team of lawyers in Switzerland can offer more details on this subject.
Who can contest a Swiss will?
The document can be brought in front of a court in Switzerland by the direct beneficiaries of the will. The court procedures will be carried out in the region where the deceased had his or her last domicile and the parties can also contest the appointment of the executor. The procedure has to be started in maximum one year after the death of the testator and persons who are heirs of a Swiss will can contact our law firm in Switzerland for more information on the legal procedure of handling a dispute related to inheritance.