Under 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 concluding a will following the applicable law.
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Types of wills that can be created in Switzerland
The Swiss Civil Law provides for the drafting of 3 types of testaments:
- the holographic will, which is one of the most common among Swiss citizens;
- the public will, which must be drawn up by a public notary in Switzerland;
- the oral will, however, this form is seldom used these days.
If you want to write a will and need more information on the requirements to be met for the document to be valid, you can rely on our law firm in Switzerland for legal guidance.
The holographic will in Switzerland
A Swiss natural person is entitled to draw up a will under 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.
The public will in Switzerland
The public testament is a document drafted by a Swiss notary. However, its name comes from the requirement that the testator brings at least 2 independent witnesses.
This type of will is usually created when the testator can no longer write, or the estate distribution is complex, or it entails many beneficiaries. As such, the notary will ensure the testament is correctly drawn up.
Should you need support in creating such a will, you can rely on our Swiss lawyers.
The Swiss oral will
Even if rarely used, as mentioned above, this type of Swiss testament can be used in emergencies, such as the imminent passing away of the testator. In this case, the following conditions must be met:
- there must be at least 2 witnesses at the side of the testator when expressing his/her wishes;
- the witnesses must record these wishes and submit them to a Swiss court within a maximum period of 14 days for the will not to lose its validity.
If you find yourself in the situation of acting as a witness, our lawyers in Switzerland can help you put a testator’s last wishes in a document and file it with the appropriate court.
Signing a Swiss will
The document has to contain information on how the testator’s assets will be shared with 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 that the heirs will be required to pay an inheritance tax, depending on the estate the testator left to 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.
Will amendments and revocation in Switzerland
It is possible to amend a testament at any time. This is the case of holographic and public wills if the testators want to change the way their assets are distributed between heirs. The changes will be recorded by the notary.
Will revocation is also possible in Switzerland. Those who want to revoke these documents can do so without any problem. The notary will destroy the testament.
Inheritance taxes in Switzerland
Switzerland levies inheritance and gift taxes, however, the rates depend on canton to canton. From this point of view, you need to address the local tax authorities. The inheritance tax is levied at rates between 0% and 50% of the assets, depending on the canton where the tax is paid. Here are some examples:
- in Neuchatel, a flat rate of 3% applies, no matter the relation between heirs and the value of the assets;
- in Zurich, Thurgau, and Schaffhausen, parents must pay the inheritance tax at rates between 2% and 15%;
- in Appenzell-Innerrhoden, assets worth a maximum of CHF 300,000 are exempt from taxation.
A lot of immigrants decide to start businesses once they arrive in Switzerland. Two advantages of choosing entrepreneurship are the ease of the process and the likelihood of rapid success. If you are interested in opening a company in Switzerland, our lawyers can assist you during the entire registration procedure.
Our lawyers can also help you open a bank account in Switzerland. It can be used for personal purposes or to open a company in Switzerland.
Persons interested in concluding a Swiss will are invited to contact our law firm in Switzerland for consultancy services.