Planning for the end of your life is an act of foresight and kindness towards your loved ones. Yet, many people are confused by the tools available to them: wills, funeral pre-planning, advance directives, powers of attorney for incapacity… Each tool has a specific purpose and a different timeframe. This article guides you step by step to understand what you can—and should—prepare in writing, and with which tool.
1. The will: the central tool for passing on one's assets
In Swiss law, a will is the legal document by which a person expresses their wishes regarding the distribution of their assets after their death. It can take two main forms:
- Le holographic will : entirely handwritten, dated and signed by the testator (art. 505 CCNo notary is required.
- The authentic will: drawn up before a notary in the presence of two witnesses (art. 499 CCMore formal, it offers enhanced legal security.
A will allows you to, among other things:
- To designate one's heirs and modify the legal shares within the limits of the reserved portion of the estate.
- To make bequests in favor of third parties (associations, friends, etc.)
- Appoint an executor to ensure your wishes are carried out (art. 517 CC)
- To establish conditions or obligations attached to certain bequests
- Recognizing a child born out of wedlock or expressing wishes regarding the guardianship of one's minor children
|
⚠️ Key point to remember A will is a tool for inheritance planning, not funeral arrangements. In Switzerland, it is generally only opened and read after the funeral. Including wishes regarding funeral arrangements in a will is therefore a common mistake: these instructions may never be read in time. Other documents, presented below, are much better suited for this purpose. |
To be valid, a holographic will must be entirely handwritten (no typed or printed parts), precisely dated, and signed. It is strongly advised to deposit it with the Swiss Register of Wills and with a legal professional.
2. Funeral pre-planning: planning ahead to ease the burden on loved ones
Unlike a will, funeral pre-planning takes effect before death and is activated immediately. It allows you to plan all aspects of the funeral in advance—from the type of ceremony to the choice of coffin—and guarantees its financing. Loved ones then simply entrust the coordination to the designated funeral director, at a time when emotions are at their peak.
There are generally two types of contracts:
- Capital contract: a sum is made up and paid to a designated beneficiary to cover the costs.
- The service contract: every detail of the ceremony is fixed in advance with a professional, who contractually commits to respecting them.
Partner Focus
Azur Funeral Planning
Since 2002, Azur Prévoyance Funéraire has been offering all residents of the canton of Geneva fully personalized funeral insurance contracts based on your beliefs, wishes and budget.
What an Azur Funeral Insurance contract includes:
- Complete funeral arrangements according to your personalized wishes
- Assistance with administrative procedures with the Geneva authorities
- Guaranteed and secure financing, with no surprises for your loved ones
- Available 24/7 for your family when the time comes
3. Advance directives: expressing one's end-of-life medical wishes
Advance directives (art. 370 CCThese are documents in which you indicate, while you are still alive and of sound mind, the medical treatments you accept or refuse if you are no longer able to express your wishes. They are addressed to doctors and healthcare staff, not to heirs or the funeral director.
It specifies, in particular:
- The refusal or acceptance of aggressive medical treatment
- Wishes regarding cardiopulmonary resuscitation
- Preferences regarding palliative care and pain management
- The preferred end-of-life setting (home, nursing home, hospital, hospice)
To be valid in Switzerland, advance directives must be dated and signed. It is recommended that you give them to your doctor, close family members, and keep a copy readily available at home. They can be revoked or modified at any time.
Please note: Advance directives do not deal with the organization of the funeral. They only cover the period preceding death, when the person is still alive but unable to express their wishes.
4. Mandate for incapacity: appointing a trusted representative
A power of attorney for incapacity (Articles 360 to 369 of the Swiss Civil Code) allows individuals to appoint, during their lifetime, a trusted person to manage their personal, medical, and/or financial affairs in the event of a loss of capacity. It only takes effect if the person granting the power of attorney is no longer able to make decisions for themselves—and terminates upon their death.
This document may include:
- Managing bank accounts and current assets
- Medical decisions, in accordance with advance directives
- Property management (sale, lease termination, etc.)
- Instructions regarding the organization of the death, to be immediately given to the designated funeral director
The power of attorney for incapacity must be entirely handwritten, dated, and signed—like a holographic will. It is strongly advised to file it with the adult protection authority (APEA) in your canton, or to inform your notary.
Practical tip: The power of attorney for incapacity is often the most sensible place to mention the funeral operator you have chosen — because this document can be consulted and activated very quickly after death, unlike a will.
