Drafting a valid will under Swiss law
Recognised forms of will
Swiss law mainly recognises two forms of will: the holographic will, written entirely by hand by the testator, dated and signed by them (art. 505 CC), and the public will, drawn up by a public official with the involvement of two witnesses (art. 499 ff. CC). A third form, the oral will, is only permitted in extraordinary circumstances (art. 506 CC).
Requirements for a holographic will
To be valid, a holographic will must be written entirely by the testator's own hand: a typed text that is merely signed is not valid, even if its content faithfully reflects the deceased's wishes. It must state the day, month and year it was drawn up, and bear the testator's signature.
Capacity of judgment
The testator must have full legal capacity, meaning capacity of judgment at the time the will is drawn up (art. 467 CC). A will drafted by a person who was permanently incapable of judgment can be challenged through an action for annulment brought by an heir or any interested person.
Safekeeping and opening the will
A will can be deposited with a competent office or kept by the testator themselves. On their death, the will must be handed to the competent authority, which opens it and informs the heirs and legatees of its contents.
Frequently asked questions
Is a typed and signed will valid?
No, a holographic will must be written entirely by hand (art. 505 CC). A typed text is only valid in the form of a public will, drawn up by a public official.
What must a holographic will contain to be valid?
It must be written entirely by the testator's own hand, dated with the day, month and year, and signed by them (art. 505 CC).
Can I change my will after drafting it?
Yes, a will can be revoked or amended at any time by the testator as long as they retain capacity of judgment, in particular by drafting a new will or destroying the old one.
Where can I safely keep my will?
You can keep it yourself, entrust it to a trusted person, or deposit it with a competent office (a notary or cantonal authority depending on the canton), which reduces the risk of loss or destruction.