Crafting Your Last Will and Testament in Switzerland (Checklist)

Creating a last will and testament is crucial in ensuring your estate is divided according to your wishes. In Switzerland, only one in three residents above the age of 45 has a will.

However, about 30 percent of these individuals admit their will is no longer current. Regular updates to this vital document are essential, especially for expats navigating life’s milestones across borders.

For the benefit of your loved ones, it’s crucial to ensure that your estate will be divided according to your wishes. This means not only writing your will but also always keeping it up to date. This is particularly important for expats who frequently move their work and life beyond national borders.

Key Life Events That Should Prompt a Will Review

Certain life events should trigger a review of your testamentary dispositions. These include:

Marriage
Birth of a child or grandchild
Buying or selling a house
Reaching retirement age
Divorce
Receiving a large amount of assets (e.g., inheritance)
Significant changes in assets or income
Occurrence of a chronic illness
Widowhood
Moving to another canton or country
Legislative changes to inheritance law

Understanding the Swiss Inheritance Law Amendments

In Switzerland, significant changes to inheritance law came into effect on 1 January 2023. These changes allow for further dispositions as the children’s entitlement to the compulsory portion has been reduced, giving the testator more flexibility for testamentary arrangements.

It’s important to note that these changes apply to wills written before this date. For instance, if the children have been placed on the compulsory portion in their parent’s favor, their share is automatically reduced from 3/4 to 1/2 of their legal entitlement to inheritance. Therefore, reviewing existing wills is currently particularly important to prevent an undesired inheritance outcome.

Navigating Inheritance Laws Across Borders

Moving to another country has many implications, including changes in terms of inheritance law. Each country has its own inheritance law, so if you’re moving your life center to Switzerland, it’s crucial to carefully clarify the effects this change will have on your inheritance orders.

This is the only way to ensure that everything will happen as you have ordered and imagined when you pass away.

Crafting Your Last Will

Swiss law does not recognize joint wills. Each person must write their own will, even in a marriage or registered partnership. Here are some steps to follow when crafting your last will and testament:

Title the document as “Will”

Add your full personal details: first name(s), last name, date of birth, citizenship.

Revoke all previously written wills.

Describe items and assets to be inherited as clearly and unambiguously as possible.

Designate heirs and beneficiaries with as much information as possible.

Add place, date, and your signature

Remember, you must be at least 18 years old and mentally competent to make your own decisions. The will is only valid if it is handwritten from A to Z. You can change or revoke it at any time.

Alternatively, a public will can be written by an authenticator, i.e. a notary, with the involvement of two independent witnesses. This ensures that the will is formally correct.

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Frequently Asked Questions

What are the key elements of a last will and testament in Switzerland?

A comprehensive last will and testament typically includes the following key elements:

Identification: This includes your full name and the state where you live, indicating that you are of sound mind and legal age, and that this is your last will, revoking all previous wills and codicils.
Executor: The appointment of a personal representative or executor to carry out your instructions after your death. If the first choice is unable or unwilling to serve, a successor executor should be named.
Beneficiaries: These are the individuals or organizations that will receive your assets. Their full names and relationships to you should be clearly stated.
Guardianship: If you have minor children and are unmarried, you should name a guardian to take care of them. It’s also wise to name a successor guardian if the first choice can’t serve.
Asset Distribution: Detailed instructions on how your property and assets should be divided among your beneficiaries.
Witnesses and Notarization: The will must or handwritten from A-Z or be signed before a notary public in the presence of two witnesses, who must also sign the will.

Remember, the specifics of what you should put in your will can vary depending on your situation, such as if you have minor children or a large estate. Therefore, it’s always a good idea to consult with a legal professional when creating or updating your will.

How often should I update my last will and testament?

The frequency of updating your last will and testament can depend on various factors. It is generally recommended to review your will every three to five years.

In addition to these time-based recommendations, you should also update your will whenever there are significant changes in your life. These changes can include:
• Changes in assets
• Marriage or divorce
• Becoming a parent
• Changes in beneficiaries
• Changes in your executor
• Substance abuse or credit problems of a beneficiary
• Death of named executors or beneficiaries
• A young family member becoming a responsible adult
• Coming into a windfall of money
• Impending retirement
• Buying property in another country or emigrating to another country

Remember, keeping your will up to date is an essential part of protecting your family and ensuring your estate is handled according to your wishes after you are gone.

How can I update my last will and testament in Switzerland?

There are two main ways to update your last will and testament:

• Create a New Will: This is often the preferred method for making changes. When you create a new will, you must include specific language to cancel any earlier will that may exist. This method is particularly useful if there are substantial changes to be made.
• Create a Codicil: A codicil is a legal document used to make changes to an existing will. It allows you to modify, delete, or revoke anything you want in your existing will and can be a simple way to make minor amendments. However, a codicil must clearly be marked as being solely a supplement to an existing will and must respect the formal requirements of a complete will.

Regardless of the method you choose, it’s important to ensure that your updated will is properly signed and witnessed to satisfy your state laws. If you have complex last wishes or a large estate, it may be beneficial to consult with a legal professional to ensure your will is updated correctly.

Let us help you understand the process of crafting a testament in Switzerland.

About the Author

Susanne Bereuter

This comprehensive guide is written by Susanne Bereuter, an esteemed legal professional specializing in Swiss inheritance law. With extensive experience in navigating the complexities of Swiss legal frameworks, Susanne Bereuter provides expert insights to expats in Switzerland.