I'm a UK citizen living in CH with property and assets in CH and UK.
What steps do I take to control what happens when I kick the bucket ?
1. Create a Will through a UK firm that says how I want to distribute what I leave behind
... then what ?
There are a few threads dealing with specifics but I'd be grateful for a simple list.
If you are not also Swiss, you can use a UK will. It should specify that the will is to be interpreted according to UK law. You will need to sign it in the presences of witnesses who will also sign it.
Then store in a safe place, making sure your beneficiaries know where it is.
So...
1.Create a vaild will in the UK with UK solicitors saying who gets what (including swiss assets)
2.Leave it with the UK solicitors and tell the beneficiaries where the will is
And that's it ? I don't have to do anything in CH ?
No, you need Swiss will that states you wish to have your estate dealt with in accordance with UK law and attach your UK will. Make sure your executors have this. Have it notarized by a Swiss notary.
Although the authorities almost always allow this, their is no obligation that they do so. Depending on the Canton there may be death duties or other fees and charges. Obviously these come first.
That contradicts other information. I can only have 1 Will.
I think.. and I'm hoping someone can help.. that I have to 'notify' 'someone' in CH that my UK Will will apply if I snuff it here. But who to notify with what and how ?
You don't but nevermind.
Read all those other posts you said you found?
But then again, don't believe everything you read in a forum.
When you write your will you state in it that you want UK rules to apply and/or you can reference another will. It's not recommended to have multiple will but you can. You don't need to notify anyone but relevant people need to know where your will is. Formalising this could be prudent.
Only 12 countries have enacted legislation to recognize wills and neither Switzerland nor the UK have done so. So it would be advisable to have one in both jurisdictions. In the end though if the beneficiaries want to have a fight about it there is plenty of room for them to do so, if they want to spend the money on it.
One thing that will happen when you die is the Swiss tax authorities will visit to assess your affairs so it would be hand for who ever has to deal with them, if you have your documents well organized. Had to do this three times now. Two were well organized and only took an hour at the most. The other was an absolutely nightmare and in the end we all just signed off on it because we were feed up going over it - ironically the guy as a retired Swiss tax inspector!
Thanks everyone for the comments but it's boiling down to
Step 1 - see a UK solicitor
Step 2 - see a Swiss solicitor
I was hoping to avoid at least one of those
(p.s. yes I did read all the other threads, but couldn't find anything prescriptive, instead they tend towards the well-meaning but waffly opinions)
A notary is sufficient in Switzerland.
The point I was trying to make is that as a non Swiss resident you can ask that they ignore Swiss law and have your estate handled under the laws of your home country. They probably will agree, but are not required to.
Having these instructions, in the local language, would be helpful for your executors. Rather than attaching your UK will you could indicate where that will is. Or, at least name your executors.
Do you mean non Swiss citizen?
Here's what I did - back in 2005.
We had a meeting with a Swiss notary. He informed us we should get our will drawn up by a UK solicitor, but ensure that it is clear that we wish the will be interpreted under UK law. We can deposit the will with the gemeinde if we wish, but anywhere secure where it can be found is fine. We got the signing of the will witnessed by friends in Switzerland, in accordance with UK law and practice. The will is in a safe place in our home, location is known to our children.
If one (or both) of us dies, our canton at at least, will allow it to be interpreted under UK inheritance law. Obviously, tax on inheritance remains under Swiss law.
Copies of wills, marked "THIS IS A COPY - ORIGINAL IS WITH SUE, GRABBIT AND SCARPER SOLICITORS, UK" or such like are helpful to those dealing with your estate.
If in doubt, see a Swiss Notar. We did, he was helpful with advice, but didn't do anything beyond that.
No I mean a non-Swiss resident in Switzerland. A Swiss living here can’t opt-out of the Swiss inheritance laws.
Thanks again...
So.. I don't have to do anything 'official' with any swiss authority. Just make sure that the UK Will is accessible to the vultures, I mean beneficiaries, who will show it to whoever they have to.
It's not a question of what I 'should do' more a question of what is the minimum that I must do.
Ah it was confusing the way you wrote it the first time.
You mean a non Swiss citizen residing in Switzerland. Got it now.
UK will have a right to tax all or part of the estate according to the circumstances. Might not apply in your case but it's certainly not a general thing.