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Validity of US will and trust in Switzerland

My husband and I are Americans living in Geneva. We have two children, so when we still lived in the US, we prepared a US will, mostly to designate guardians for our children should anything happen to us. Does anybody know whether this US will would still be considered valid now that we live in Switzerland or whether we need to prepare a Swiss will? Or could anyone recommend a professional who could give us advice on this?


Thanks!

The text you are quoting:

My husband and I are Americans living in Geneva. We have two children, so when we still lived in the US, we prepared a US will, mostly to designate guardians for our children should anything happen to us. Does anybody know whether this US will would still be considered valid now that we live in Switzerland or whether we need to prepare a Swiss will? Or could anyone recommend a professional who could give us advice on this?


Thanks!


Celine DFeb 8, 2016 @ 21:42
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Re: Validity of US will and trust in Switzerland
Post 1

Hi Celine - shouldn't make any difference should it ?My wife and I are Kiwis and have a will prepared for us by our NZ lawyer - no thought given to wherever we are in the world - as one of the executors he will action it as to our wishes. I take it you are not going to be nationalised Swiss in which case if you were, then things may be different. I guess I am saying why would you need a 'Swiss will' ??

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Hi Celine - shouldn't make any difference should it ?My wife and I are Kiwis and have a will prepared for us by our NZ lawyer - no thought given to wherever we are in the world - as one of the executors he will action it as to our wishes. I take it you are not going to be nationalised Swiss in which case if you were, then things may be different. I guess I am saying why would you need a 'Swiss will' ??


Jeffery S, Feb 9, 2016 @ 14:34
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Re: Validity of US will and trust in Switzerland
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The will and the trust will be recognised as such by the Swiss law. Out of memory, should their not be explicitly subject to the US law, there might be some Swiss law provisions interfering with the partitioning of the estate... There may be tax considerations to be taken into account, in particular considering the trust, but this depends on its terms.
I have not re-checked these matters before writing the above, so if you want to be entirely sure of the legal consequences, both the will and the trust need to be analysed taking into account the Swiss private international law, inheritance and trust taxation law.

The text you are quoting:

The will and the trust will be recognised as such by the Swiss law. Out of memory, should their not be explicitly subject to the US law, there might be some Swiss law provisions interfering with the partitioning of the estate... There may be tax considerations to be taken into account, in particular considering the trust, but this depends on its terms.
I have not re-checked these matters before writing the above, so if you want to be entirely sure of the legal consequences, both the will and the trust need to be analysed taking into account the Swiss private international law, inheritance and trust taxation law.


kruljungli, Feb 9, 2016 @ 15:36
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