Prepare your will, it is an important act!
To ensure that your wishes are respected and followed, it is crucial that you put them in writing and draw up
a will. Without this document, your assets will be divided among your legal inheritors, or if you don’t have any, they will go to the canton or to the community where you last resided.
What can be left as a legacy?
If you have one or more ‘compulsory heirs’ (direct descendant(s)/ ascendant(s), or a surviving spouse) you can freely dispose of that part of your estate which remains after these heirs have received their due share.
If you do not have any compulsory heirs, you are entitled to dispose of the entirety of your estate as you see fit.
In all cases, you may will a legacy donation of a portion of your estate/ property (sum of money, real estate, etc…) or of the totality of the residuary estate once the compulsory heirship portion has been deducted.
How to make a legally valid Will?
To be valid, your will must conform to one of the two forms below:
It must be entirely handwritten by the testator, i.e not composed on a type-writer or computer.
Besides your name and address it must specify the time and place of writing and include your handwritten signature.
It must contain the complete names and addresses of all legatees.
We strongly recommend you entrust your will to your attorney, your accountant or to your bank for safe-keeping.
The notarised will :
It must be written in your presence by an attorney pursuant to your instructions.
It must be signed in the presence of two witnesses.
It must be kept by the attorney.
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