Opening an estate
Opening an estate
There are two main forms of will under Swiss law: the so-called "holographic" will, by which is meant handwritten, and the so-called "public" will, which is distinguished in particular by the fact that the former must be entirely handwritten by its author, whereas the latter consists of a deed legalised by a public official, generally a notary or a civil servant designated by cantonal law, in the presence of two witnesses.When a death occurs, anyone who discovers or holds a will must immediately hand it over to the authorities, who will open it as quickly as possible, but within a month at the latest. The known heirs will be called to attend this session, at which the contents of the will will be announced to them by the reading of the deceased's last wishes. The opening of the deed containing the dispositions upon death is imperative and takes place ex officio, which means that neither the testator nor the heirs may renounce it. At the opening meeting, the competent authority calls together the legal and instituted heirs known to it. It also summons the executor of the will, if such a person has been appointed by the testator, as well as the official administrator or liquidator of the estate, if applicable. As a reminder, the legal heir is the person who, by law, has a right to the estate, i.e. the spouse, descendants and possibly other family members. An instituted heir is designated as such on the basis of testamentary provisions. It should be noted that the legatees and any other interested parties may attend the opening meeting but do not have to be called, and that those called to the meeting are not obliged to attend but may be represented. It is important to stress that their absence will not cause them any legal prejudice. Therefore, if you do not feel able to attend the meeting to open the will in person, you have the right (but not the obligation) to send your daughter or any other person of your choice in your place.
