Hello All,
As an American citizen, and Swiss citizen living in Switzerland, my heart though belongs to America. Free choice. Does anyone know what form for a will and last testament I would need to be notarized ( Notary public) with 2 witnesses at The US Embassy upon a review from a lawyer?
Thanks
Shinaid
I believe if you're a Swiss citizen and resident in Switzerland, you can't write a will that would override the existing law. st2lemans and ASitUS should be along shortly to help clarify.
If he has American and Swiss nationality and is residing in Switzerland he can not choose to apply foreign law and Swiss law automatically applies. If he however has American nationality and in Switzerland only has a permit without ever having taken on the Swiss nationality he is free to choose.
The basic rule is that you cannot claim to be anything other than Swiss when resident in Switzerland. And that goes for pretty much everything including seeking assistance from the American Embassy in a time of crisis.
Apart from paying US taxes
That however has nothing to do with Switzerland
Before we became Swiss our wills each said we wish the laws of our home countries to aooly.
We were informed that that provision is not valid once we became Swiss.
As always a chat with a qualified lawyer would be a good idea. It is possible that your wishes can be accomplished under Swiss law.
No, I have already a green light from the US Embassy, writing that upon a lawyer's review of my will and two witnesses from outside the Embassy, I can
have my documents signed in front of a notary public at the Embassy. Greetings
You are missing the point: what the American Embassy thinks becomes inconsequential once you become Swiss. If you do have a red passport, then Swiss law will definitely apply to your estate. If you go through this process at the US Embassy the only thing that will change in this regard is that you will leave an additional mess for your executor/heirs to clean up.
You should first seek legal council from a qualified expert on estate planning for your US-Swiss dual citizenship situation before doing anything else.
A US will be valid if you die in the US.
Tom
FTFY. I'm not sure what would happen if you were resident in Switzerland, but expired in the US on holiday. But there would definitely be paperwork.....
Tom, Shouldn’t that be, if you die as a US resident? Any Swiss heirs, or debtors, are going to insist that Swiss laws apply.
Maybe, best check with a lawyer.
Tom
That process does not grant approval for the text of the will, it does not make it ‘legal’, particularly in Swiss law. It just confirms that it is you signing the document. You need to talk to a Swiss lawyer.
As mentioned before, the Swiss already have laws for Swiss citizens that are resident here. However if you really want an American-style will, whether it's valid in CH or not, knock yourself out.
There's no one form that's accepted everywhere in the States. Heck, supposedly you can even write it on a napkin so long as it's signed. There are DIY forms you can download from the web. Download, fill out, set your appointment at the Embassy (don't just show up), pay your 50 bucks and off you go.
Every time I've gone to the Embassy, even for notarial services, I didn't have someone with me. You might want to double-check with the Embassy how to get the witnesses in the building with you. Normally the officer at the door takes your passport and makes a phone call before they let you in. If you're not on the list, you don't get in.
Just to make it one level more complicated. My mother recently died, she had a will and a full plan for her burial.
In the USA there is a next of kin. So if you have a US will and a next of kin, it is all up to them. They can do as you wished, or throw it away and do whatever they want.
(which is what the new husband did)
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The US Embassy can say whatever it likes, it has no jurisdiction. If there is a problem or a challenge to the will at a later date it will be for a Swiss court to decided and most likely they will would be consider it to be void. And even if it were challenged in the US it most likely that it would be referred back to a Swiss court for adjudication.
You cannot pick a choose which laws you'd like to comply with.
A valid will in the US cannot be ignored, that is simply not true. They have probate laws in the US too.
Next of kin can change anything. I spoke to lawyers after my mother died and the trash didn't follow her wishes.
Wishes are nothing more or less than wishes. If she expressed that she would like 500 flowers than nobody is forced to do so. If she really wanted it to happen she should have arranged and paid for it herself upfront. If her will says that you should get a certain item than this is valid and you are entitled to it, regardless of what the other think and only can be overthrown by a judge (unless illegal already)
Also where I come from it is not allowed to demand specific conditions as "he will only inherit if he places 500 roses on my grave", I don't expect America to be any different. So her doing it herself upfront is the only way to be guaranteed that it will happen like that.