Terms of Use
1. Introduction
These General Terms and Conditions (hereinafter the "GTC") govern the use of the website www.legal-testa.ch (hereinafter the "Site") operated by Legal Testa Sàr.
2. Purpose of the service
The Site offers an online service allowing users to generate personalized wills and have them reviewed by a partner legal professional. This service does not constitute personalized legal advice, and Legal Testa Sàrl disclaims all liability for the accuracy, completeness, or legality of the generated documents.
3. Reliance on information provided
The wills generated by the Site are exclusively based on information provided by users. It is the responsibility of users to ensure the accuracy and completeness of the data provided. Any error or omission in the information entered may have an impact on the relevance of the documents generated by the Site. Legal Testa Sàrl cannot be held responsible for the consequences resulting from incorrect, incomplete or misleading data provided by the user.
4. Acknowledgement of important information relating to the will
By using the Site, users expressly acknowledge having read the following information, which they certify having read before starting the generation of their will:
1. Mandatory handwriting:
Your will will only be valid once it has been completely hand-copied, dated and signed.
2. Updating the will:
Your will is based on your current situation. You are invited to modify it in the event of significant changes in your financial or family situation.
3. Marital regime:
If you are married or in a registered partnership, it is essential to liquidate your matrimonial property regime before determining what is part of your estate.
4. Revocation of the will:
You can revoke your will at any time.
5. Hereditary reserves:
- Your spouse and descendants are, with rare exceptions, your reserved heirs, which means that they must imperatively receive a share of your inheritance (the hereditary reserve).
- If your will does not respect the statutory inheritance, it may be contested in court by the aggrieved heirs.
6. Individual wills:
Each spouse or registered partner must make their own will; a joint will is not valid.
7. Advances on inheritance:
Payments (excluding insignificant amounts) made during your lifetime to your descendants are presumed by law to be advances on inheritance and will be taken into account in the distribution of inheritance shares.
8. Recent donations:
Donations made to third parties in the five years preceding the death, except for customary gifts, may be contested by your reserved heirs if they infringe on the legal reserves.
9. Acceptance or refusal of succession:
- Your heirs have three months after becoming aware of the death to refuse the inheritance, failing which it will be deemed accepted.
- They can request an inventory profit to check if the debts exceed the assets.
10. Pension assets:
- Assets from the 2nd pillar and pillar 3a are not part of the estate.
- They are transmitted to the beneficiaries designated by your pension institution.
11. Inheritance taxes:
- Each canton levies an inheritance tax, the rate of which depends on the relationship with the deceased.
- In general, spouses, registered partners and direct descendants are exempt from this tax.
1. Mandatory handwriting:
Your will will only be valid once it has been completely hand-copied, dated and signed.
2. Updating the will:
Your will is based on your current situation. You are invited to modify it in the event of significant changes in your financial or family situation.
3. Marital regime:
If you are married or in a registered partnership, it is essential to liquidate your matrimonial property regime before determining what is part of your estate.
4. Revocation of the will:
You can revoke your will at any time.
5. Hereditary reserves:
- Your spouse and descendants are, with rare exceptions, your reserved heirs, which means that they must imperatively receive a share of your inheritance (the hereditary reserve).
- If your will does not respect the statutory inheritance, it may be contested in court by the aggrieved heirs.
6. Individual wills:
Each spouse or registered partner must make their own will; a joint will is not valid.
7. Advances on inheritance:
Payments (excluding insignificant amounts) made during your lifetime to your descendants are presumed by law to be advances on inheritance and will be taken into account in the distribution of inheritance shares.
8. Recent donations:
Donations made to third parties in the five years preceding the death, except for customary gifts, may be contested by your reserved heirs if they infringe on the legal reserves.
9. Acceptance or refusal of succession:
- Your heirs have three months after becoming aware of the death to refuse the inheritance, failing which it will be deemed accepted.
- They can request an inventory profit to check if the debts exceed the assets.
10. Pension assets:
- Assets from the 2nd pillar and pillar 3a are not part of the estate.
- They are transmitted to the beneficiaries designated by your pension institution.
11. Inheritance taxes:
- Each canton levies an inheritance tax, the rate of which depends on the relationship with the deceased.
- In general, spouses, registered partners and direct descendants are exempt from this tax.
5. Scope of the document review
Users of the services offered on this Site enter into a contract exclusively with Legal Testa Sàrl. Under no circumstances does the use of this Service constitute legal representation. Consequently, no contractual relationship or direct legal advice is established when using Legal Testa Sàrl's services. The review of documents generated by the Site is based solely on information provided by users. It is limited to identifying obvious errors that may appear in the generated documents and in no way replaces personalized legal advice.
6. Limitation of Liability
a. Accuracy of documents:
The documents generated on the Site are based on the information provided by the user. The user is solely responsible for the verification and accuracy of the data entered. Legal Testa will not incur any liability if an heir or beneficiary of a legacy should not receive the amounts provided for in a will.
b. Non-substitution of legal advice:
The Service does not replace a personalized legal consultation. For complex or specific situations, we recommend that you consult a lawyer or notary.
c. Compliance with inheritance rules:
Legal Testa Sàrl declines all responsibility if the provisions made in a will generated via the Site infringe the legal reserves of heirs protected by law or conflict with the Swiss legal system. It is up to the user to ensure that his choices comply with the applicable inheritance and matrimonial law.
d. Ability to discern:
Legal Testa Sàrl does not verify whether the user of the Site is capable of discernment at the time of using the Service. Consequently, we decline all responsibility if a person incapable of discernment uses the Site to generate a will.
e. Availability of the Site:
Legal Testa Sàrl strives to guarantee the accessibility of the Site, but cannot be held responsible for any temporary or permanent interruptions.
The documents generated on the Site are based on the information provided by the user. The user is solely responsible for the verification and accuracy of the data entered. Legal Testa will not incur any liability if an heir or beneficiary of a legacy should not receive the amounts provided for in a will.
b. Non-substitution of legal advice:
The Service does not replace a personalized legal consultation. For complex or specific situations, we recommend that you consult a lawyer or notary.
c. Compliance with inheritance rules:
Legal Testa Sàrl declines all responsibility if the provisions made in a will generated via the Site infringe the legal reserves of heirs protected by law or conflict with the Swiss legal system. It is up to the user to ensure that his choices comply with the applicable inheritance and matrimonial law.
d. Ability to discern:
Legal Testa Sàrl does not verify whether the user of the Site is capable of discernment at the time of using the Service. Consequently, we decline all responsibility if a person incapable of discernment uses the Site to generate a will.
e. Availability of the Site:
Legal Testa Sàrl strives to guarantee the accessibility of the Site, but cannot be held responsible for any temporary or permanent interruptions.
7. Executors
In accordance with the law, the executors listed on the site are free to accept or refuse their role. The executors set their own rates freely and Legal Testa Sàrl will not incur any liability in the event of a refusal by an executor to act in a given situation. Legal Testa Sàrl is also in no way responsible for the proper execution of the executor's mandate.
8. Collection and processing of personal data
a. Data collected:
When using the Site, Legal Testa Sàrl may collect personal data such as:
- Identification data (name, first name, address, date of birth, etc.)
- Information needed to draft the will
- Contact details (email address, telephone number).
b. Purpose of processing: The data collected is used for:
1. Provide the Will Generation Service.
2. Ensure the proper functioning of the Site.
3. Comply with legal and regulatory obligations regarding data protection.
c. Partnerships with non-governmental organizations:
Users agree that Legal Testa Sàrl may inform partner non-governmental organizations when a legacy in their favor appears in a will generated via the Site. Only the existence of the legacy is communicated, without any personal data relating to the user such as the user's name, address or email address.
d. Storage and security:
Your personal data is stored on secure servers located in Switzerland or in the European Union. We take appropriate technical and organizational measures to protect your data against unauthorized access.
e. Retention period:
The data is kept for the period strictly necessary to achieve the purposes for which it was collected, unless otherwise provided by law.
f. User rights:
In accordance with the Federal Data Protection Act (FADP) and the GDPR, you have the following rights:
1. Right of access, rectification, erasure, opposition, and portability.
2. To exercise these rights, contact us at: Legal Testa Sàrl, c/o Fongit, route de la Galaise 34, 1228 Plan-les-Ouates.
When using the Site, Legal Testa Sàrl may collect personal data such as:
- Identification data (name, first name, address, date of birth, etc.)
- Information needed to draft the will
- Contact details (email address, telephone number).
b. Purpose of processing: The data collected is used for:
1. Provide the Will Generation Service.
2. Ensure the proper functioning of the Site.
3. Comply with legal and regulatory obligations regarding data protection.
c. Partnerships with non-governmental organizations:
Users agree that Legal Testa Sàrl may inform partner non-governmental organizations when a legacy in their favor appears in a will generated via the Site. Only the existence of the legacy is communicated, without any personal data relating to the user such as the user's name, address or email address.
d. Storage and security:
Your personal data is stored on secure servers located in Switzerland or in the European Union. We take appropriate technical and organizational measures to protect your data against unauthorized access.
e. Retention period:
The data is kept for the period strictly necessary to achieve the purposes for which it was collected, unless otherwise provided by law.
f. User rights:
In accordance with the Federal Data Protection Act (FADP) and the GDPR, you have the following rights:
1. Right of access, rectification, erasure, opposition, and portability.
2. To exercise these rights, contact us at: Legal Testa Sàrl, c/o Fongit, route de la Galaise 34, 1228 Plan-les-Ouates.
9. Pricing, Payment and Termination
a. Price:
The services offered on the Site are chargeable. The prices are displayed on the Site and may be modified at any time. Prices include VAT applicable in Switzerland.
b. Secure payment:
Payments are made via a secure third-party platform. Legal Testa Sàrl does not store any bank card data.
c. Termination for annual subscriptions:
In the event of termination, Legal Testa Sàrl returns your data and documents to the address provided. In the absence of an address, these documents are kept on the company premises without liability.
The services offered on the Site are chargeable. The prices are displayed on the Site and may be modified at any time. Prices include VAT applicable in Switzerland.
b. Secure payment:
Payments are made via a secure third-party platform. Legal Testa Sàrl does not store any bank card data.
c. Termination for annual subscriptions:
In the event of termination, Legal Testa Sàrl returns your data and documents to the address provided. In the absence of an address, these documents are kept on the company premises without liability.
10. Intellectual Property
All content on the Site (texts, images, logos, software) is protected by copyright. Any reproduction, distribution or unauthorized use is strictly prohibited.
11. Changes to the General Conditions
Legal Testa Sàrl reserves the right to modify these general conditions at any time. Users will be informed of any changes via the Site or by e-mail.
12. Applicable law and competent jurisdiction
These General Terms and Conditions are governed by Swiss law. Any dispute will be subject to the jurisdiction of the courts of the canton of Geneva.
13. Contact
Legal Testa Sàrl
c/o Fungit
Route de la Galaise 34
1228 Plan-Les-Ouates
c/o Fungit
Route de la Galaise 34
1228 Plan-Les-Ouates
