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Making a will - looking for a solicitor/lawyer with international law competence
Hi there,

We have recently moved to France (on the boarder with Geneva) and my husband and I both work in Geneva.  As we have two small children we think we should be writing a last will and testament.  However given our very varied background (I am English, my husband is German, live in France, work in Switzerland) we have absolutely no idea where to start with making a will that would be recognized in all the necessary countries.

Can anyone recommend a private lawyer that they have used (we would prefer one who speaks English AND German because in the worst case scenario they would have to communicate with relatives in England and Germany).

Any of you already had experience of making a will here?  Everyone we ask keeps saying, oh yes, we know we should get round to doing that, but no one seems to have made one.

Thanks for any advice you can give us.

The text you are quoting:
Hi there,

We have recently moved to France (on the boarder with Geneva) and my husband and I both work in Geneva.  As we have two small children we think we should be writing a last will and testament.  However given our very varied background (I am English, my husband is German, live in France, work in Switzerland) we have absolutely no idea where to start with making a will that would be recognized in all the necessary countries.

Can anyone recommend a private lawyer that they have used (we would prefer one who speaks English AND German because in the worst case scenario they would have to communicate with relatives in England and Germany).

Any of you already had experience of making a will here?  Everyone we ask keeps saying, oh yes, we know we should get round to doing that, but no one seems to have made one.

Thanks for any advice you can give us.
nikonikoFeb 22, 2008 @ 16:11

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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 1
Hello

I work for a UK law firm based in Geneva and could write a UK will for you. We would usually advise clients to have a will in each jurisdiction otherwise it becomes very very complicated, but the most important places to have wills are the countries where you have assets. The firm I work for is Charles Russell you can have a look at our website here:

http://www.cr-law.co.uk/ 

I don't speak much German, but again the German side of things would need to be taken care of by a German lawyer and we are used to liaising with our counterparts overseas.

Get in touch if you want a chat about it, very happy to talk you through the process even if you don't want to instruct us.

Suze

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Hello

I work for a UK law firm based in Geneva and could write a UK will for you. We would usually advise clients to have a will in each jurisdiction otherwise it becomes very very complicated, but the most important places to have wills are the countries where you have assets. The firm I work for is Charles Russell you can have a look at our website here:

http://www.cr-law.co.uk/ 

I don't speak much German, but again the German side of things would need to be taken care of by a German lawyer and we are used to liaising with our counterparts overseas.

Get in touch if you want a chat about it, very happy to talk you through the process even if you don't want to instruct us.

Suze
suze, Mar 3, 2008 @ 12:10

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Post 2
Niko: let's hope you don't have to put that will into use for a long long long time...
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Niko: let's hope you don't have to put that will into use for a long long long time...
Nir Ofek, Mar 3, 2008 @ 12:53
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Post 3
As I posted this topic some time back, I thought I could give some feedback as to what happened.

After getting various quotes of 700-1200 Euros per will for myself and my husband, I ended up being able to go a solicitor in France, to just register a will, that he helped us to draft.  This cost a mere ca. 70 Euros each!!  This means any French lawyer can access the centrally stored original of our will in case they need to.

Sometimes things do not have to be as complex as they seem!!

Thanks to all of you who gave me advice!

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As I posted this topic some time back, I thought I could give some feedback as to what happened.

After getting various quotes of 700-1200 Euros per will for myself and my husband, I ended up being able to go a solicitor in France, to just register a will, that he helped us to draft.  This cost a mere ca. 70 Euros each!!  This means any French lawyer can access the centrally stored original of our will in case they need to.

Sometimes things do not have to be as complex as they seem!!

Thanks to all of you who gave me advice!
nikoniko, Mar 18, 2009 @ 15:57

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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 4
Niko:

Thanks for the update, and what a saving you got!!!

Make sure you now either get your will into the formal 'will keeping' archives (in Bern), to ensure that if - God forbid - you die, then the local authorities will for sure know of your will.

Nir

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Niko:

Thanks for the update, and what a saving you got!!!

Make sure you now either get your will into the formal 'will keeping' archives (in Bern), to ensure that if - God forbid - you die, then the local authorities will for sure know of your will.

Nir
Nir Ofek, Mar 18, 2009 @ 16:50

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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 5
Hi Nikoniko,

We live and work in Geneva. Do you know if we could do the same as you and end up with valid wills here in Switzerland? Is it a very complex document? Would you recommend your French solicitor specifically?

Thank you!
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Hi Nikoniko,

We live and work in Geneva. Do you know if we could do the same as you and end up with valid wills here in Switzerland? Is it a very complex document? Would you recommend your French solicitor specifically?

Thank you!
Jimbo, Mar 18, 2009 @ 18:26
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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 6
Maybe we could get a Glocals deal .. I need to do mine as well and I bet I'm not the one on the site..
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Maybe we could get a Glocals deal .. I need to do mine as well and I bet I'm not the one on the site..
britabroad, Mar 18, 2009 @ 18:35
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Post 7
Negotiating a glocal deal on 'will writing' doesn't sound like a bad idea...

Let me check with my own lawyer, and revert.

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Negotiating a glocal deal on 'will writing' doesn't sound like a bad idea...

Let me check with my own lawyer, and revert.
Nir Ofek, Mar 18, 2009 @ 19:34

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Post 8
For a will in Switzerland you don't need a lawyer

Any piece of paper will do, it can be hand written, for it being valid you need it to be signed with a date, place and signature
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For a will in Switzerland you don't need a lawyer

Any piece of paper will do, it can be hand written, for it being valid you need it to be signed with a date, place and signature
jasper, Mar 18, 2009 @ 23:17
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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 9
[quote]For a will in Switzerland you don't need a lawyer

Any piece of paper will do, it can be hand written, for it being valid you need it to be signed with a date, place and signature[/quote]







To the best of my knowledge, a will in Switzerland must be handwritten. "Can" isn't an option. In any event, that is what I've always had to do.
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[quote]For a will in Switzerland you don't need a lawyer

Any piece of paper will do, it can be hand written, for it being valid you need it to be signed with a date, place and signature[/quote]







To the best of my knowledge, a will in Switzerland must be handwritten. "Can" isn't an option. In any event, that is what I've always had to do.
Ritchie, Mar 18, 2009 @ 23:26
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Post 10
Few important points, right from my lawyer, about Swiss wills:

  • Handwritten or typed: can be handwritten OR typed. If typed, needs to be approved by a Swiss notary. If handwritten, does not need any Notary / lawyer approval.
  • Deposited with authorities in Bern: to ensure the local authorities know of your will, it's best to deposit a copy not only will your relatives and lawyer, but also with a National 'will holding' authority in Bern. Any Notary can do this for you for a small fee.
  • Ensuring you have a Swiss will is important: if you live in CH, then by Swiss law - regardless of your nationality - Swiss law will dictate how your assets will be distributed after your death. And Swiss law, even if you have a will, is particular. If you want the laws of your home coutry to override this, you need to specify it in a valid Swiss will.
  • Ensure a lawyer helps you write the will, to cover all angles.  You don't need a lawyer to approve a will. But it's highly recommended to get one to help you write it, to ensure you get things right.

Hope this helps,

Nir

The text you are quoting:
Few important points, right from my lawyer, about Swiss wills:

  • Handwritten or typed: can be handwritten OR typed. If typed, needs to be approved by a Swiss notary. If handwritten, does not need any Notary / lawyer approval.
  • Deposited with authorities in Bern: to ensure the local authorities know of your will, it's best to deposit a copy not only will your relatives and lawyer, but also with a National 'will holding' authority in Bern. Any Notary can do this for you for a small fee.
  • Ensuring you have a Swiss will is important: if you live in CH, then by Swiss law - regardless of your nationality - Swiss law will dictate how your assets will be distributed after your death. And Swiss law, even if you have a will, is particular. If you want the laws of your home coutry to override this, you need to specify it in a valid Swiss will.
  • Ensure a lawyer helps you write the will, to cover all angles.  You don't need a lawyer to approve a will. But it's highly recommended to get one to help you write it, to ensure you get things right.

Hope this helps,

Nir
Nir Ofek, Mar 19, 2009 @ 09:56

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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 11
Thank you, Nir, for the info about handwriting or typing a will. To date, I've had to make (because of changed circumstances) three wills and each time I was asked by a notary to draft the document -- and the names and addresses and telephone numbers of the beneficiaries -- by hand. Thanks to you, next time an update is needed, I'll save a lot of sweat by providing a typed version.



I'd also like to endorse everything you say about the fact that Swiss law applies if the deceased was resident in Switzerland, as this is something that may be overlooked when the person makes his/her will and can sometimes subsequently cause distress among family and friends.



It's always better to seek good advice before finalizing a will and I do hope the discussion here has been useful.




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Thank you, Nir, for the info about handwriting or typing a will. To date, I've had to make (because of changed circumstances) three wills and each time I was asked by a notary to draft the document -- and the names and addresses and telephone numbers of the beneficiaries -- by hand. Thanks to you, next time an update is needed, I'll save a lot of sweat by providing a typed version.



I'd also like to endorse everything you say about the fact that Swiss law applies if the deceased was resident in Switzerland, as this is something that may be overlooked when the person makes his/her will and can sometimes subsequently cause distress among family and friends.



It's always better to seek good advice before finalizing a will and I do hope the discussion here has been useful.





Ritchie, Mar 20, 2009 @ 15:00
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Post 12
As my post sparked so many comments I just want to clarify, that we live in France which is why we were strongly advised to make a will in France.  It is therefore now accessible by any French lawyer and kept in a central place (no idea where) in France.

If you live in Switzerland then definitely do the will there (with advice from a lawyer).  For us the main reason for making the will was not inheritance, but guardianship of our two children.  Although we have accounts in various countries, most of them will become obselete once we take the plunge to buy property here in France.

One thing that was advised to us by one lawyer, was that if you trust the chosen executor (although that concept does not exist in French law, it will just be the person who should inherit the money) then you can get them to have 3rd party access to your accounts now.  We have done this e.g. for my sister, which means in the event of something happening to us, and her having to look after my children immediately, she could just transfer the money straight to her account and start using it before having to wait for the whole process of probate etc. to work.  As she lives in the UK, the chance of the process taking a long time is high.  This idea only works if you can trust the person involved not to empty your account before you go!!

BTW, I had a real near death experience in Dec, two months after making the will.  Although it was a horrible thing to go through (anaphylatic shock!), I at least had peace of mind that I had got the will thing done!

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As my post sparked so many comments I just want to clarify, that we live in France which is why we were strongly advised to make a will in France.  It is therefore now accessible by any French lawyer and kept in a central place (no idea where) in France.

If you live in Switzerland then definitely do the will there (with advice from a lawyer).  For us the main reason for making the will was not inheritance, but guardianship of our two children.  Although we have accounts in various countries, most of them will become obselete once we take the plunge to buy property here in France.

One thing that was advised to us by one lawyer, was that if you trust the chosen executor (although that concept does not exist in French law, it will just be the person who should inherit the money) then you can get them to have 3rd party access to your accounts now.  We have done this e.g. for my sister, which means in the event of something happening to us, and her having to look after my children immediately, she could just transfer the money straight to her account and start using it before having to wait for the whole process of probate etc. to work.  As she lives in the UK, the chance of the process taking a long time is high.  This idea only works if you can trust the person involved not to empty your account before you go!!

BTW, I had a real near death experience in Dec, two months after making the will.  Although it was a horrible thing to go through (anaphylatic shock!), I at least had peace of mind that I had got the will thing done!
nikoniko, Mar 21, 2009 @ 11:50

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Post 13

It was very interesting reading member's views on Swiss Wills.

Did anyone manage to negotiate any special rates for members?

Best regards 

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It was very interesting reading member's views on Swiss Wills.

Did anyone manage to negotiate any special rates for members?

Best regards 
switzerland, Mar 22, 2009 @ 12:40

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Post 14
Thanks Niko for the information, I myself have to write a will. Assets are in Liechtenstein and I live in Switzerland. That might not be that complicated. As for rebate, I think that is a good idea.. so glocals, think we can have that? hehehe

Again Niko, thanks for the information.

have a nice week to all

Christy

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Thanks Niko for the information, I myself have to write a will. Assets are in Liechtenstein and I live in Switzerland. That might not be that complicated. As for rebate, I think that is a good idea.. so glocals, think we can have that? hehehe

Again Niko, thanks for the information.

have a nice week to all

Christy
Uglygurl77, Mar 22, 2009 @ 14:06

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Post 15
I'm sorry, it's Nir... thanks Nir..
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I'm sorry, it's Nir... thanks Nir..
Uglygurl77, Mar 22, 2009 @ 14:08
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Post 16
Very interesting topic. Thanks Nikoniko and Nir.



Would anybody recommend a lawyer/notary in Geneva who we could use for this?
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Very interesting topic. Thanks Nikoniko and Nir.



Would anybody recommend a lawyer/notary in Geneva who we could use for this?
Jimbo, Mar 23, 2009 @ 12:12
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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 17
I promised to speak with my lawyer / notary about getting special rates for glocals members on making Swiss wills, and it worked.

Pierre-Philippe, a Geneva notary (and the one I work with), will do wills + deposit the wills with the Bern authorities for glocals members for ca CHF 500.

Pierre-Philippe speaks english, and is trust-worthy guy. I strongly recommend him.

His details:
Pierre-Philippe Rigaud
Etude Ducret Yousfi & Rigaud
26, boulevard Helvétique
1207 Genève
<[email protected]>
T + 41 22 591 03 03
F + 41 22 591 03 00

Let's hope we never need those wills!

Nir

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I promised to speak with my lawyer / notary about getting special rates for glocals members on making Swiss wills, and it worked.

Pierre-Philippe, a Geneva notary (and the one I work with), will do wills + deposit the wills with the Bern authorities for glocals members for ca CHF 500.

Pierre-Philippe speaks english, and is trust-worthy guy. I strongly recommend him.

His details:
Pierre-Philippe Rigaud
Etude Ducret Yousfi & Rigaud
26, boulevard Helvétique
1207 Genève
<[email protected]>
T + 41 22 591 03 03
F + 41 22 591 03 00

Let's hope we never need those wills!

Nir
Nir Ofek, Apr 2, 2009 @ 13:47

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Post 18
That's great Nir, thanks. We've been meaning to do this for MONTHS!
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That's great Nir, thanks. We've been meaning to do this for MONTHS!
Jimbo, Apr 2, 2009 @ 15:38
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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 19
Just before I get in touch with that notary, can anyone tell me.... is 500 francs a good deal for this kind of thing?
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Just before I get in touch with that notary, can anyone tell me.... is 500 francs a good deal for this kind of thing?
Jimbo, Apr 21, 2009 @ 23:23
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Post 20
Jimbo,

CHF 500 is the fair market price. It's not a rip off, and it's not a hard-discounter price. However, the Notary guy (who I know) can be truested 100%.

Nir

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Jimbo,

CHF 500 is the fair market price. It's not a rip off, and it's not a hard-discounter price. However, the Notary guy (who I know) can be truested 100%.

Nir
Nir Ofek, Apr 22, 2009 @ 00:20

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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 21

I think this is too pricey...

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I think this is too pricey...
Uglygurl77, Apr 22, 2009 @ 11:23

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Post 22
Uglygurl77,

If you can know of a better deal for glocals members, pls post it on this thread so other members could use it.

And let's hope none of us have to use our wills anytime soon! :)

Nir

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Uglygurl77,

If you can know of a better deal for glocals members, pls post it on this thread so other members could use it.

And let's hope none of us have to use our wills anytime soon! :)

Nir
Nir Ofek, Apr 23, 2009 @ 23:58

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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 23


Dear Nir:



None of us will ever have to use our wills. It's our nearest and dearest who will have to cope with them, hence the need for wills to be competently drawn up while we are still compos mentis.



Ritchie


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Dear Nir:



None of us will ever have to use our wills. It's our nearest and dearest who will have to cope with them, hence the need for wills to be competently drawn up while we are still compos mentis.



Ritchie



Ritchie, Apr 24, 2009 @ 02:34
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Re: Making a will - looking for a solicitor/lawyer with international law competence
Post 24
I did mine last summer and it cost 829 SFr. I had to update recently on the birth of 2nd child, another 430 SFr. Yes, 500 SFr. is a good price.
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I did mine last summer and it cost 829 SFr. I had to update recently on the birth of 2nd child, another 430 SFr. Yes, 500 SFr. is a good price.
Rade, Apr 24, 2009 @ 18:06
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