The Will: How to Legally Secure Your Last Wishes
Those who do not take care of their estate during their lifetime leave the distribution of their assets to the law. Learn how to protect your loved ones with a will, avoid disputes, and make optimal use of the new freedoms of Swiss inheritance law.
The Gap Between Law and Wish
Many people postpone estate planning because confronting their own mortality is difficult. But without clear regulation, problems often arise: Unmarried partners receive nothing, and statutory portions limit distribution freedom. Since January 2023, you have more leeway, but only those who draft a valid will can actually dispose of this free portion.
Expert Tip: The Increased Free Portion. Since the inheritance law reform of 2023, the statutory portions of descendants have been reduced. This means for you: You can freely determine a larger part of your assets (the "free portion"). This is particularly valuable for better protecting life partners or considering charitable organizations.
Handwritten or Publicly Notarized?
In Switzerland, there are two main ways to draft a will:
- The handwritten will: It must be handwritten from beginning to end, dated, and signed. It is cost-effective but carries the risk of formal errors.
- The publicly notarized will: This is the safest form. It is created with the participation of a notary public.
- Secure storage: A will should be stored so that it is found in the event of death and submitted to the authorities.
Conclusion
A legally secure will creates clarity and prevents family conflicts during an emotionally difficult time.
Frequently Asked Questions
3 answers about this topic
The statutory succession (blood succession) applies. First, spouses and descendants inherit, then parents and their descendants.
Yes, you can destroy a handwritten will at any time or replace it with a new one. It is important that the most current document is clearly recognizable as such.
Only the "publicly notarized will" requires a notary. However, this form is highly recommended to unambiguously prove capacity at the time of creation.
Author
Adis Kavazovic
Head of Insurance & Financial Planning
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