How to write a will in Switzerland: Everything you need to know
Thinking about your own death and everything that comes after it is not exactly a cheerful topic. But it is an essential part of your financial and life planning. In this article we look at what a will is, what you need to keep in mind when writing one, and how to approach the whole thing step by step.
Table of contents
- What is a will?
- Things you need to know before writing your will
- Step-by-step guide to writing your will
- Frequently asked questions about wills
- Where does a will need to be stored in Switzerland?
- Can I write my own will?
- When is a will valid?
- How long is a will valid in Switzerland?
- Conclusion
What is a will?
A will is a written document in which a person sets out what should happen to their belongings and assets after their death. It is a way of making sure that your wishes are respected even after you are gone.
A will covers among other things:
- Who receives the inheritance. You decide which people - for example family members or friends - or organisations such as charities receive specific parts of your estate.
- How the inheritance is distributed. You specify exactly who gets how much of what. For example you can decide that your home goes to one person and your savings to another.
- Who looks after your children. If you have minor children, your will can specify who should take on responsibility for them after your death.
- Who manages the estate. You can name a person responsible for settling the estate - making sure the will is carried out and all bills are paid.
Thinking about your own death is not a pleasant experience and can sometimes be a painful process. But a will helps create clarity and avoid disputes. Try to see it positively: by dealing with these eventualities in advance, you can make sure your wishes are respected after you are gone. You also make things easier for the people around you - in a difficult moment full of grief, they do not have to guess what you would have wanted. They know exactly what to do.
Things you need to know before writing your will
You cannot distribute your entire estate freely in a will. There is a statutory compulsory share that must go to your spouse and children. Everything beyond that you can distribute as you wish. This calculator from the Red Cross can help you work out how much of your estate you can freely allocate. If you have no children and are not married, you can decide freely what happens to your entire estate.
- A typed will that has not been notarised is invalid. To write a legally valid will it must be written entirely by hand from start to finish - including the date and your signature. If you want to write your will on a computer, you will need to have it notarised in the presence of a notary and two witnesses.
- A will is always only valid for one person. Married couples cannot write a joint will.
- There is something called an emergency will which can also be given verbally. If someone is in a serious condition in hospital and has no will in place, they can give a verbal will in the presence of two witnesses. Both witnesses must then submit this written record without delay to the competent judicial authority - it is not notarised in the traditional sense, but deposited with the courts. Note that an oral will automatically loses its validity 14 days after the testator has recovered their capacity and is again able to make a handwritten or public will.
- You can update or completely revoke your will at any time during your life. It is generally worth reviewing your will every few years to check whether you still agree with all the provisions.
- Concubinage couples can protect each other through a will. The compulsory shares must still go to the legal heirs, but the freely allocable portion can go to your partner.
Step-by-step guide to writing your will
- Take stock. Create a complete list of all your assets including property, bank accounts, investment portfolios, jewellery and other valuables.
- Decide on your heirs. Think about who should inherit your assets. As well as friends and family you can also leave assets to foundations or other organisations. Remember to factor in your legal heirs.
- Plan the distribution. How should your assets be divided? Who gets what? You can specify exactly which assets go to which person.
- Choose the format. Decide whether you want to write your will by hand or have it notarised.
- Write the will. If you are writing it by hand, make sure to include the date, place and your signature.
- Choose a storage location. Think about where you want to keep your will. You might have a safe at your bank, or you could get a fireproof document box for your home.
- Inform trusted people. Let your partner or another trusted person know that you have a will and where it can be found. Consider giving them a copy as well.
Frequently asked questions about wills
Where does a will need to be stored in Switzerland?
There are no legal requirements for where a will must be stored. What matters is that your will can be found quickly and easily after your death. If you do not want to keep it at home, you can also lodge it with an executor or a notary.
Can I write my own will?
You actually have to write your will yourself - or alternatively have it notarised - for it to be legally valid.
When is a will valid?
A handwritten will is valid when:
- It has been written entirely by hand from start to finish
- It carries the heading "Will" or "Testament"
- It includes your full first and last name, place of birth and date of birth
- It sets out your last wishes in detail
- It includes the place and date it was written
- It is signed at the end
A public will becomes valid when a notary certifies it in the presence of two witnesses. The advantage of this approach is that it is checked for errors and the notary can confirm that it reflects your genuine wishes.
How long is a will valid in Switzerland?
With the exception of an emergency will, all wills are valid from the moment they are written until the time of death - unless you revoke your will in the meantime.
Conclusion
The great thing about a will is this: you deal with it once and then you never have to again. And crossing something this important off your to do list for good - that is a genuinely great feeling.
