Do I have to appoint an executor when I create a will?

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  • BenutzernameMoneyland User Questions
  • Status Member
  • Registriert seit1/27/17
  • Beiträge2142

I am considering making a will (just in case), and I am wondering whether I will have to choose an executor if I do. I am not sure who I would assign the task to. Is appointing an executor a legal requirement when you create a will?

 
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  • BenutzernameMoneyguru von moneyland.ch
  • OrtSchweiz
  • Status Expert
  • Registriert seit8/4/15
  • Beiträge4079

Hi there,

You are not legally obligated to appoint an executor when you create a will. Laws associated with the execution of wills vary between cantons. As a general rule, if you choose to appoint an executor, you are free to choose any person you want - no qualifications are required for a person to be eligible as an executor. When you die, the executor named in the will can normally choose whether or not they want to handle the execution of your will.

Appointing an executor can be a good move in certain cases. If, for example, you are concerned that your heirs will not accept the terms of your will and divide your assets amicably, appointing an executor to distribute assets can help to prevent unnecessary confrontations. If you have debts, own real estate, are engaged in complicated legal contracts or own securities and other complex financial products, appointing an executor who is an expert in the relevant fields can help your heirs to appoint legal pitfalls.

Best regards from Moneyguru

More on this topic:
Swiss inheritance laws explained
Compulsory share of inheritance definition

 

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