Best Will & Testament Lawyers in Chur

About Will & Testament Law in Chur, Switzerland

This guide explains the practical and legal basics of wills and testaments for people living in Chur, in the canton of Graubünden. In Switzerland succession law is governed mainly by the Swiss Civil Code. The main goals of a will are to name who receives your assets, to appoint executors or guardians, and to express other final wishes. Swiss law allows different kinds of testamentary documents - for example a handwritten will, a notarial will, or, in exceptional circumstances, an oral will - but formal requirements must be met for the will to be valid. Canton-level authorities administer the opening of estates and probate procedures, so local practice in Chur and Graubünden matters for practical steps like filing, safekeeping and administration.

Why You May Need a Lawyer

Many people can draft a simple handwritten will, but a lawyer is advisable in a number of common situations:

- You own assets in more than one country or have mixed nationality - cross-border succession raises complex conflicts-of-law and recognition questions.

- You own a business, farm or other closely held assets that require succession planning to avoid disruption or disputes.

- You want to change or reduce the legal shares of close relatives - Swiss forced-heirship rules limit how freely you can disinherit certain relatives.

- You expect a will to be challenged - a lawyer can help draft stronger provisions and handle disputes after death.

- You need coordinated planning with matrimonial property regimes, trusts, foundations or retirement benefits - these often interact with inheritance outcomes.

- You want to appoint guardians for minor children or set up complex conditions for legacies - a lawyer helps ensure legal effectiveness.

- You need help with probate administration - collecting assets, paying debts, dealing with tax questions and obtaining the necessary certificates can be time-consuming and technical.

Local Laws Overview

Key legal points to know when dealing with wills and inheritance in Chur and the canton of Graubünden:

- Governing law: Swiss federal law (the Swiss Civil Code) sets the basic rules on succession - who can inherit, what forms a will can take, and the concept of forced heirs. Canton Graubünden applies these federal rules when handling local probate and administration.

- Types of wills: Swiss law recognises several forms of testamentary dispositions. The most common are holographic wills - wholly handwritten, dated and signed by the testator - and notarial or public wills made before a notary. In very limited, urgent circumstances an oral will can be valid.

- Forced-heirship and reserved portions: Close relatives have statutory protection known as reserved portions or forced shares. That means you cannot completely dispose of certain parts of the estate if the law protects particular relatives. The exact effect depends on who survives you and their relationship to you.

- Matrimonial property regime: The composition of the estate depends on matrimonial property rules. The way marital property was or is divided affects what forms part of the deceased s estate and therefore what can be passed on by will.

- Probate administration: After death the competent cantonal authority handles the opening of the will and the basic probate steps. If an executor is named, that person carries out the estate administration under applicable procedural rules; otherwise the authority or heirs act to settle the estate.

- Inheritance tax: Inheritance and estate taxation are determined at cantonal and municipal level. Tax rates, exemptions and filing obligations vary by canton and by relationship to the deceased. Check Graubünden tax rules for specific consequences.

- Recognition of foreign wills and assets abroad: Foreign wills can be relevant for assets located outside Switzerland or where the deceased had another nationality. Formal validity and conflict-of-law questions can arise and usually require legal advice.

Frequently Asked Questions

What makes a will valid in Switzerland?

To be valid the will must meet statutory formalities. A common option is a holographic will - the entire document must be handwritten, dated and signed by the testator. A public will, created with a notary, follows notarised formalities. In emergency situations an oral will may be accepted under strict conditions. If formal requirements are not met the will can be declared invalid in probate.

Where should I keep my will in Chur so it will be found after I die?

You can keep a will in a safe place at home, in a bank safe-deposit box, or deposit it with a notary. Some cantons and local authorities offer will-deposit services. Whichever choice you make, tell a trusted person and your executor where the original will is stored so it can be found quickly after death.

Can I disinherit my spouse or my children?

Swiss law protects certain close relatives through reserved portions - often called forced-heirship. You cannot fully disinherit those relatives if the law entitles them to a reserved share of the estate. You can reduce a legatee s share only to the extent permitted by the reserved-portion rules. Because the rules are technical, consult a lawyer if you plan to alter legal shares.

Do I need a notary to make a will in Chur?

No - a handwritten holographic will is valid without a notary as long as it is entirely in your handwriting, dated and signed. However a notarial or public will can provide extra legal certainty, reduce the risk of later challenges, and make filing and probate simpler because the notary creates an officially recorded document.

What happens if I die without a will?

If you die intestate the statutory succession rules in the Swiss Civil Code determine who inherits. Typically the estate passes to close relatives in a fixed order - descendants, then parents and their descendants, then more distant relatives - with a spouse having specific rights. An administrator or heirs apply to the cantonal authority to start the probate process and obtain the necessary certificates for distribution.

How long does probate take in Graubünden?

There is no single answer - the length of probate depends on estate complexity, whether a valid will exists, the existence of disputes, whether there are foreign assets, and how quickly heirs and creditors respond. Simple estates may be closed in a few months, while contested or cross-border matters can take a year or more. A lawyer or notary in Chur can provide a more specific estimate based on your case.

Will international assets be covered by a Swiss will?

Assets located abroad are subject to the law of the country where the asset is situated and to any applicable international private-law rules. A Swiss will can control Swiss-situs assets, and sometimes you can make a single testamentary instrument that is effective in more than one country, but careful drafting and legal advice are needed to avoid conflicts and unintended results.

Can I appoint an executor or a guardian for my children in my will?

Yes - you can name an executor to administer the estate. You can also express your preference for a guardian for minor children, but the competent authority reviews and confirms the appointment. Naming trusted persons and explaining your reasons helps courts respect your wishes, but ultimate approval rests with the relevant authority.

How much does it cost to get a lawyer for wills and probate in Chur?

Costs vary by case complexity, the lawyer s experience, and the services required. Simple advice or drafting a straightforward will is usually a modest legal fee. Probate and contested matters cost more because they involve document collection, creditor claims, tax filings and potential litigation. Always ask for a fee estimate and whether the lawyer charges hourly rates, fixed fees, or a combination.

How can I update or revoke a will?

You can revoke a will by creating a new valid will that expressly revokes the prior will or by destroying the original will with intent to revoke it. Formalities for a new will are the same as for any will. For major changes or complicated estates it is sensible to work with a lawyer so the new will clearly replaces earlier documents and avoids ambiguity.

Additional Resources

When you need authoritative information or administrative support in Chur and Graubünden consider these resources for guidance and contacts:

- Cantonal probate office or the competent cantonal court in Graubünden - for procedural and filing questions related to opening estates and probate.

- Local notaries in Chur - for preparing public wills, safe custody and procedural assistance.

- Swiss Federal Office of Justice - for general information on Swiss succession law and international private-law issues.

- Swiss Bar Association and local bar associations - to find qualified inheritance and probate lawyers in Graubünden.

- Swiss Notaries Association - for information about notarial wills and list of notaries.

- Cantonal tax office of Graubünden - for questions about inheritance and estate taxation at the cantonal and municipal level.

- Local legal aid or ombuds services - if you have limited means and need assistance or a referral.

Next Steps

Follow these practical steps when you need legal assistance with wills and testaments in Chur:

- Take stock of your assets and liabilities - make a clear inventory of bank accounts, real property, pensions, business interests, insurances and digital assets, and note where documents are kept.

- Decide your main objectives - who you want to inherit, whether you need guardianships, whether you want to include conditions or a trust-like arrangement, and whether you need tax-efficient solutions.

- Choose the form of will that fits your situation - a simple holographic will may be enough for straightforward estates; complex situations usually benefit from a notarial will drafted with a lawyer or notary.

- Consult a local lawyer or notary in Chur - especially if your estate is complex, cross-border, or likely to be contested. Ask for a written fee estimate and a clear plan for drafting and storing your will.

- Inform relevant people - tell your chosen executor, guardians and close family where the will and important documents are stored and how to contact your lawyer or notary.

- Review your will periodically - update it when your family, assets, or wishes change, and after major life events such as marriage, divorce, births or significant changes in wealth.

If you are unsure where to start, contact a notary or an experienced succession lawyer in Chur for an initial consultation. They can explain how the Swiss Civil Code will apply to your situation and help you create a clear and enforceable testamentary plan tailored to your needs.