Will Preparation in Switzerland
Will Preparation in SwitzerlandUpdated on Wednesday 22nd March 2023
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Under the Swiss legislation, testators in Switzerland (the persons who draw a will) can opt for one of the several types of wills available here. The document will stipulate the manner in which the testator’s estate will be shared amongst his or her relatives and it is important to know that even if the person did not conclude a will in Switzerland, certain persons (such as the spouse, children or parents of the deceased person) will be entitled to receive parts of the inheritance as they are considered “forced heirs”. Our team of lawyers in Switzerland can assist persons interested in this matter in concluding a will following the applicable law.
The holographic will in Switzerland
A Swiss natural person is entitled to draw a will in certain conditions. The main requirements in this sense are the minimum age (18 years old) and the mental capacity of the testator. The holographic will in Switzerland refers to a handwritten document (which has to be written down by the testator) that will also contain compulsory information, such as the date and the year in which it was drawn. At the same time, the testator has to sign the document in order to be considered valid. It is also important to write down the word “will” at the beginning of the document and the testator will need to provide personal information, such as:
• name and surname;
• place of birth.
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Signing a Swiss will
The document has to contain information on how the testator’s assets will be shared to his or her relatives, as prescribed by the applicable legislation. Swiss natural persons can also assign individual objects to particular persons. Another important aspect is the heirs will be required to pay an inheritance tax, depending on the estate the testator left them and our team of Swiss lawyers can provide legal advice on this matter.
The document will be signed in front of a public notary in Switzerland. As a general rule, Swiss wills can be kept by the notary, but the testators are not legally required to follow this procedure.
Persons interested in concluding a Swiss will are invited to contact our law firm in Switzerland for consultancy services.