Quick Summary
- To determine the heirs of your estate, you can download templates and clauses for a will from our Download Center.
- Or you can create your personal will directly in our will generator.
- You should also consider the form in which you would like to write your last will and testament. In this context, you may also need to find a safe place to store it.
- If you are an heir, make sure that you obtain the certificate of inheritance so that you can use it if necessary.
Procedure for opening a will
If a testator dies and leaves a handwritten will, you are obliged to submit the will to the competent cantonal authority if you know that the will exists and where it is located.
This obligation applies not only to heirs or legatees, but also, under certain circumstances, to otherwise uninvolved third parties who are aware of the testamentary disposition. If you suppress the will, this may result in a penalty. In addition to criminal sanctions, this behavior can also have other consequences (e.g.
A publicly notarized will is kept by a public notary (notary or similar) from the outset so that its submission and correct opening of the will is guaranteed with significantly greater certainty.
Within one month of receipt of the testamentary disposition , the competent authority will inform the heirs and, if applicable, legatees of its content and thus of the testator’s last wishes in the presence of the heirs . Sie bekommen auch einen schriftlichen Abzug des Testaments auf Kosten des Nachlasses ausgehändigt.
Who are the beneficiaries?
Until the estate is divided, several heirs can only dispose of the estate jointly (i.e. jointly) . Sie bilden damit eine
Otherwise, the heirs can request that the authority that approved the opening of thewill issue a certificate of inheritance(certificate of inheritance).
Why do I need a certificate of inheritance and what does it say?
The certificate of inheritance is a proof of legitimacy and official confirmation that the recipient is entitled to the estate as an heir according to the opening examination. Legal heirs (spouses and descendants) receive a certificate of inheritance even without a will, which establishes their right to dispose of the estate.
It will be delivered at the earliest after the expiry of the deadline for the waiver, provided that the heirs accept the inheritance. Until then, the Assets of the testator blockedas the heirs cannot dispose of it without the certificate of inheritance, not even to pay the deceased’s funeral costs or outstanding bills, for example. One way to keep money available in bank accounts in the event of death is to set up an account in the name of the deceased and their spouse or a close relative.
Invalidity of a will
However, even a certificate of inheritance does not mean final entitlement to the inheritance, as heirs or other persons can file an action with the court. In other words, the heirs are still free to sue each other, in particular for the
Once the heirs’ entitlements to the estate have been finally clarified, they can take possession and (sole) ownership of the assets and any tangible assets.
In the event of death, a will must be submitted to the cantonal authority for opening. This authority usually informs the heirs verbally and in writing of its contents. Until the estate is divided, the estate is blocked and the heirs are only authorized to dispose of it jointly. They can request that a certificate of inheritance be issued in their name in order to obtain provisional rights to the estate. However, these can still be restricted or revoked by means of inheritance law actions.