Is it possible to subject your will to foreign law even if you are domiciled in Switzerland?
In principle yes, if you have the nationality of the country concerned. The law changes on January 1st, 2025. It will become easier for foreigners to choose foreign law even if they have Swiss nationality. Thus, the new Art. 91 LDIP provides that a person can subject their succession by will or inheritance pact to the law of one of their national States. The testator must have had the nationality in question either at the time of making the disposition or at the time of death. However Swiss citizens cannot deviate from Swiss law provisions regarding the forced heirship portion.
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Can I maintain some privacy regarding my family in Switzerland?
Yes, generally speaking. The Swiss state operates under strict professional secrecy rules and maintains clear separations between departments. For instance, tax authorities have limited ability to share information with civil courts. The civil registry keeps paternity acknowledgments completely confidential until after the parent's death. We can guide you in understanding how to maintain family privacy here.
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Is it possible to write a will that only covers assets located in Switzerland?
Yes, under Swiss law. Compatibility with the country of residence is systematically verified through specialized local attorneys. It is even possible to choose a partial election of Swiss law for certain reasons provided for by Swiss law.
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What about in an international context?
Switzerland is a member of the Hague Convention of 13 January 2000 on the International Protection of Adults, which allows for broad recognition of decisions taken in Switzerland or abroad, as well as international cooperation based on common tools.
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Who can take action?
Any close relative. The term "close relative" is not strictly defined; it is often interpreted broadly by the authorities, at least concerning family, even extended family.