The will

The will

"We are married under the ordinary regime of participation aux acquêts and have no joint children. My spouse has no heirs apart from myself. He would like to draw up a will stipulating that half of his estate will go to my son from a previous marriage and the other half to an association. If my husband goes to a notary to draw up the will, will it be worth more?

Anne, Geneva

First and foremost, when your husband dies, your matrimonial property regime will be liquidated. Since you are legally married, you will be entitled to half of the couple's assets. The other half, due to your husband, will constitute the estate, which will have to be divided in accordance with the provisions of the will, while respecting the 'reserves' of the legal heirs. The surviving descendants, parents and spouse (or registered partner) are entitled to a minimum share of their inheritance rights, known as the "reserve", which an inheritance deed cannot exclude except in the event of disinheritance. In the absence of a will and as sole heir, you would be entitled to your husband's entire estate. However, if he is capable of discernment, your husband may draw up a will and name your son and the association as heirs to his estate. However, your reserve must be respected. You will therefore receive at least half of your share of the estate. The remainder will then be divided according to the terms of the will.

A will may be made by public deed, in holographic form or orally. A public will is generally received by a notary in the presence of two witnesses and then kept by the notary. Holograph wills must be handwritten, dated and signed by the testator and may be filed with the Justice of the Peace or kept by the testator. An oral will is only permitted in exceptional circumstances that prevent the testator from making a different will, for example in the event of imminent danger of death, epidemic or war. The testator declares his last wishes to two witnesses, who must have the deed drawn up by the Justice of the Peace. Whatever the case, these three possible forms have equivalent legal value.

Thus, unless there are exceptional circumstances justifying the oral form, it is sufficient for your spouse to draw up the will in his or her own handwriting. He can then file it with the Justice of the Peace, with a notary or keep it. There is also a Central Register of Wills in Bern, which lists wills made at the request of a notary, lawyer or office in Switzerland.