Will costs – How much does a will cost in Switzerland?

In Switzerland, inheritance law is regulated by Part III of the Swiss Civil Code (CC). According to Article 481, paragraph 2 of the CC, the statutory order of succession applies. If this does not correspond to your wishes, you can determine your own inheritance according to Article 470 of the CC, provided you comply with the statutory provisions. You can do this either by drawing up a will or concluding an inheritance contract.

In Switzerland, there are three basic types of wills: the handwritten will, the public will, and the emergency will. The differences are explained below.

Holographic Will

According to Article 505 of the Swiss Civil Code, a holographic will is a will written by the testator in his or her own hand. It is the simplest form of will, as the testator can draft it themselves. It is only necessary to ensure that it complies with applicable law. This means that the statutory shares must be taken into account and the will must comply with the formal requirements. If all requirements are met, the will is considered a “testamentary disposition mortis causa” and thus replaces the statutory inheritance. With the will, the testator can therefore determine who should receive his or her assets after his or her death.

Public Will

A public will is a will that, in accordance with Article 499 of the Swiss Civil Code, is drawn up in the presence of a notary (e.g., a notary public, a lawyer) and two witnesses. It has the advantage of being publicly recorded. This ensures the validity of the will. Since wills are usually written by laypeople, errors can sometimes occur in handwritten wills, for example, if certain formal requirements are not observed. This risk does not exist with a public will, since, as already mentioned, it is reviewed by a notary. However, there are still costs involved.

Emergency Will

A special form of will is the emergency will. As the name suggests, this is created in an emergency, i.e., when there is no time left to draw up a handwritten or public will. According to Article 506 of the Swiss Civil Code, an emergency will can be drawn up orally in the presence of two witnesses. These witnesses must then prepare a written statement, sign it, and file it with the competent judicial authority.

The costs for a will in Switzerland depend on various factors. How much you ultimately have to pay for your will depends on the type of will, the amount of your assets at the time of its creation, and whether you involve a notary or a law firm. We will discuss the respective costs in more detail below.

There are no costs for a handwritten will in Switzerland, as it is written by the testator themselves. The question with a handwritten will is rather whether the person concerned drafts it in such a way that all regulations are complied with. Formal errors or unclear wording can lead to problems later on. Therefore, laypersons are generally advised to seek professional advice from a lawyer specializing in inheritance law. It is also important to note that while there are no costs involved in drawing up a handwritten will, fees are incurred if the will is to be notarized or deposited with the wills registry.

How much does a public will cost?

A public will is subject to a fee because it is drawn up with the assistance of a professional who, of course, charges a fee for their services. The amount of the fee depends on who you commission to draw up the will. Generally, both law firms and notaries are eligible. The key difference is that, unlike notaries, lawyers can also provide advice.

Both lawyers and notaries generally charge a fixed fee. An hourly fee is common, although the guideline is often that the total costs may not exceed 0.5% of the net assets covered by the will. The costs can therefore also depend heavily on the testator’s assets.

The same applies to an emergency will as to a handwritten will. This means that there are no costs for drawing up the will.

How much does it cost to draw up a will at a notary’s office?

Notary fees are regulated by a fee schedule. These rates can vary from canton to canton, as they are approved by the cantonal council. Furthermore, the respective effort and your assets naturally also play a role. A blanket statement about the costs of drawing up a will is therefore not possible.

In the canton of Zurich, for example, the fee is set as follows: It depends on the time required, but is at least 0.5% of the net assets affected by the change and at most 0.5% of the testator’s total net assets. The decisive factor is the time the will is drawn up. For example, if the assets to be inherited amount to CHF 200,000 at the time the will is drawn up, the notary fees should not exceed CHF 1,000. However, since the exact amount depends on the effort involved, it is advisable to consult the notary beforehand.

How much does it cost to draw up a will at a law firm?

The costs at a law firm are similar to those at a notary’s office. Attorney fees are also regulated by a tariff and are generally billed based on the time spent. Therefore, the decisive factor when consulting a law firm is the complexity of the case and the correspondingly time-consuming consultation.

Tip: Many law firms offer a free initial assessment of your will. During such a consultation, you will receive a good overview of the legal inheritance order and whether your planned will meets all requirements. In simple cases, this consultation may be sufficient, and you can save the cost of a consultation.

A public will is subject to a fee because it is drawn up with the assistance of a professional who, of course, charges a fee for their services. The amount of the costs depends on who you commission to draw up the will. In principle, both law firms and notaries are eligible. The key difference is that, unlike notaries, lawyers can also provide advice.

Both lawyers and notaries generally charge a fixed fee. An hourly fee is common, although the guideline is often that the total costs may not exceed 0.5% of the net assets covered by the will. The costs can therefore also depend heavily on the testator’s assets.

The same applies to an emergency will as to a handwritten will. This means that there are no costs for drawing up the will.

How much does it cost to draw up a will at a notary’s office?

Notary fees are regulated by a fee schedule. These rates can vary from canton to canton, as they are approved by the cantonal council. Furthermore, the respective effort and your assets naturally also play a role. A blanket statement about the costs of drawing up a will is therefore not possible.

In the canton of Zurich, for example, the fee is set as follows: It depends on the time required, but is at least 0.5% of the net assets affected by the change and at most 0.5% of the testator’s total net assets. The decisive factor is the time the will is drawn up. For example, if the assets to be inherited amount to CHF 200,000 at the time the will is drawn up, the notary fees should not exceed CHF 1,000. However, since the exact amount depends on the effort involved, it is advisable to consult the notary beforehand.

How much does it cost to draw up a will at a law firm?

The costs at a law firm are similar to those at a notary’s office. Attorney fees are also regulated by tariffs and are usually billed based on the time spent. Therefore, the decisive factor when consulting a law firm is the complexity of the case and the correspondingly time-consuming consultation.

Tip: Many law firms offer a free initial assessment of your will. During such a consultation, you will receive a good overview of the legal inheritance order and whether your planned will meets all requirements. In simple cases, this consultation may be sufficient, and you can save yourself the cost of a consultation.

How much does registration in the will register cost?

If you wish, you can have your will registered in the Central Swiss Will Register (CTR). This is not necessary for the validity of the will. However, it can ensure that the will is quickly found and respected in the event of your death. Registration thus serves as additional security. Regarding the functioning of the register, it should be noted that the will itself is not kept in safekeeping, but merely an entry is made confirming that a will exists and where it can be found.

The registration of a will in the Central Register of Wills can be performed by a notary, a lawyer, or a government agency. The registration fee is CHF 26, which is usually paid by the testator. Since fees for storing the will or for any consultation may also be incurred, it is not possible to give a general estimate of the total costs. If you intend to register your will in the Central Register of Wills, you should therefore consult your notary, your lawyer, or the relevant government agency for the exact costs.

How much does it cost to amend a will?

As already mentioned, the fees are regulated by tariffs. The Canton of Zurich was already cited as an example. There, the costs for amending a will are at least 0.5% of the net assets affected by the amendment and at most 0.5% of the testator’s total net assets. This means that it is cheaper to amend a will than to draw up a new one. In the event of a change, the minimum fees only apply to the part of the assets affected by the change and not to the entire assets of the testator.