We are wondering what is the prince range of this? So we don't get "taken advantage" of by a lawyer! Thank you
hello, Postfinance wants that we provide them with a "notarpatent" (I hope the translation is correct), as when my father passed away, they locked the Joint-Account that my mother and my father had, and they will unlock it only if we provide a "notarpatent", where a childhood friend of my father, will need to go and provide a testimony on the family composition!
It is most likely not. A Notarpatent is the license which allows a notary to practice as a notary public.
So what is the actual wording of what you are actually requested to provide?
In many cantons notary fees are set by law or are limited by the law.
In Basel-Stadt a Erbgangsbeurkundung is in the range of CHF 200 to 1000: https://www.gesetzessammlung.bs.ch/a.../versions/3875
You might do it also in an other canton where the fee is lower. For example in neighboring Basel-Land. It might also be cheaper in the cantons AI, AR, GL, SH, SZ, ZG https://www.preisueberwacher.admin.c...iatstarife.pdf
On the other hand, it might be that it can only be done in the canton of last residence.
Thank you for the answer! I'm currently living in Basel, but my mother is living in Ticino, and the non-translated official word is:
"brevetto notarile"
Basically, she sent me a picture of the letter she got from PostFinance, and they said if the joint-account had more than 50k inside it at the time of death, it gets automatically frozen until they get all the needed paper.
Sadly the account had 55k inside it so it got frozen, and we sent everything (death certificate and so on), but now they are asking for that document, that basically is given by a "Notar", which will first interview a childhood friend of my Father, to verify the composition of the family, so how many children and so on, I guess they do this in case there is money to be split as inheritance.
But even if we said we don't care in splitting the money, as its my mother's money, they require this by law.
So as I don't want my mother to be "screwed" over by lawyers, I would like to know how much usually this document costs!
small edit, I made some confusion, the document you talked about, the:
Erbgangsbeurkundung
this is what the PostFinance asked, BUT to get this document, we need to provide to the famous "notarpatent" or whatever is called in german!
No clue why an old childhood friend with no relation at all would need to be involved, I assume this to be another misunderstanding.
You/your mum needs a paper from a notary that gives her the power to rule over the account, with this she goes to the bank and the bank will open it up again.
From https://www.odnti.ch/cosa-e-ordine-n...nde-frequenti/ translated with the help of deepl.com
A "brevetto notarile" is a form of public deed that can be obtained whenever a notarial certificate is required for private reasons or because it is required by an authority. For example, certified signatures, copies or extracts of documents, certificates of a certain date, declarations and findings of the parties or of the notary itself are established by a "brevetto notarile".
Im my interpretation the "brevetto notarile" is the notary stamp or the notarial attestation on the document itself. The German term would be "notarielle Beglaubigung".
Can you post the verbatim text of what you have been requested to provide. It is simpler, less error prone and nothing is lost in translation if we have the original version. Thank you.
I suspect you have to provide a notarized copy of the "certificato ereditario"
Are you Swiss?
Tom
You as her kids will have to sign a form to say that you don't want your inheritance, so that your mother gets all the money. My husband has just had to do this for his mum.
basically this is the timeline of the events:
-postfinance account frozen
-they require Erbgangsbeurkundung to unlock the account
-we need to request the Erbgangsbeurkundung at our city "Bezirksgericht" (translated this word as well, in Ticino it's "pretura")
-The "Bezirksgericht" told us to get the Erbgangsbeurkundung we need first this famous document "brevetto noratile", which consist of a "lawyer", verifying with a childhood friend (a friend that knew my father for years), that our family is composed as we said it is (my mother and 2 children) and that there aren't any other "secret" children and stuff like that, I assume this is to verify who would legally have access to the inheritance?
Then once we get this document, WE must tell Postfinance who's going to get the inheritance and if it will be split, and there we will assign it to my mother.
Ok I will try to get that in the following days, anyway I think you are right, I'm not sure what a "notarized copy" is, but in my previous post I explain the timeline of what happened and what was requested
No, it is to make sure the inheritance gets split up correctly, under Swiss law both the widow and the kids have a mandatory share (which they're free to split or redistribute whichever way they like as long as all involved agree).
But in the other thread you say that your father died two years ago, and the pillar 2 insurance appears to already have paid out the insurance sum. So the proceedings should be closed since forever, and you should (I believe) have received the necessary documents already.
Which makes this look rather odd.
Not really. As you said the insurance paid out. That is because the mother was a beneficiary, not a heir.
Correct. Looks like you need an affidavit (dichiarazione giurata/Eidesstattliche Erklärungen) that your father never had any other offspring than the known children. And this has to be done, by request of the district court, by an long term/child hood friend of your father. https://www.notariate.zh.ch/deu/nota...-erklaerungen/
Got it.
In Basel-Stadt it costs CHF 200, in Zurich CHF 100. At least. Actual cost depends on time needed.
this was another matter, with the insurance, I just was "vague" with the timeframe to keep a sense of anonimity!
For that other thread, there was no need to provide any inheritance document, as the Insurance paid directly my mother as she was the benificiary!
Here in this case as the account was shared by both my parents, I assume that is the reason postfinance is asking for these documents
yes! that is exactly what they are asking! ok so now I know at least the price range, if the Lawyer asks for more than 500 CHF to my mother, I will investigate further, otherwise I assume under 500.- it's in the correct prince range! Appreciete the help!
Out of nothing more than curiosity, is this affidavit a common request?
What happens when there is no one who would be in a position to make such an affidavit? Perhaps not an uncommon situation for those of us who have spent much of our lives moving around the globe.
Not lawyer. Notary. Two related but distinctly different professions.
It might be requested if there are no trusted government documents or sources which could give a complete picture of all offsprings.
For non-Swiss and Swiss naturalized at adult age, such a Swiss document should exists in case you got married in Switzerland or gave birth to a child in Switzerland after December 31, 2004.
https://www.bj.admin.ch/content/dam/...07-01-01-d.pdf
In case of Swiss by birth, or naturalized Swiss before puberty the document should also exists as a Swiss must notify the Swiss authorities about all children, marriages, and divorces.
https://www.ch.ch/en/ordering-civil-...-certificates/
A notarized self affidavit at lifetime might be an option.
No problem with you keeping privacy. Well done, actually.
I didn't realise that the insurance payout was separate from the entire inheritance issue, so the "story" kind of didn't add up.
Correct, they need to make sure your father isn't getting screwed. If there are other bank accounts or similar those companies should react likewise.