# Do you have a will?

**URL:** https://forum.mustachianpost.com/t/do-you-have-a-will/6777
**Category:** Uncategorized
**Created:** [July 22, 2021, 12:48pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777 "2021-07-22T12:48:37Z")
**Posts on this page:** 20
**Page:** 1

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### Author: ![Fliss](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/f/f6c823/32.png) [@Fliss](https://forum.mustachianpost.com/u/Fliss)
#### Post date: [July 22, 2021, 12:48pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/1 "2021-07-22T12:48:38Z")

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I was wondering whether the average mustachian here has a will, and at what point (wealth, family, age, (or risky life style 😇 )) it would become useful. Seems in Zurich spouses and children are tax excempt, so no optimization necessary in that regard.

Additional, there are also forced heirship rules, but I am not to clear on those…

I’d be curious to hear what y’all have though about in this regard.

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### Author: ![Cortana](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/cortana/32/2082_2.png) [@Cortana](https://forum.mustachianpost.com/u/Cortana)
#### Post date: [July 22, 2021, 1:12pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/2 "2021-07-22T13:12:57Z")

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I have. 20% each for GF, 2 brothers and my parents.

I know that my parents have a legal minimum of 50%, but this will change in 6 months.

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### Author: ![IdleThought](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/i/5f8ce5/32.png) [@IdleThought](https://forum.mustachianpost.com/u/IdleThought)
#### Post date: [July 22, 2021, 1:30pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/3 "2021-07-22T13:30:20Z")

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Yes I do. Used some online app to get a solid version before I handwrote it.

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### Author: ![ma0](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/ma0/32/3259_2.png) [@ma0](https://forum.mustachianpost.com/u/ma0)
#### Post date: [July 22, 2021, 2:04pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/4 "2021-07-22T14:04:58Z")

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> [@Cortana](#):
>
> but this will change in 6 months.

What do you mean with “it will change”? The law?

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### Author: ![Carcosa](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/carcosa/32/1772_2.png) [@Carcosa](https://forum.mustachianpost.com/u/Carcosa)
#### Post date: [July 22, 2021, 2:20pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/5 "2021-07-22T14:20:40Z")

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Can you share which app? Thanks!

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### Author: ![Broth](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/b/3ec8ea/32.png) [@Broth](https://forum.mustachianpost.com/u/Broth)
#### Post date: [July 22, 2021, 2:30pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/6 "2021-07-22T14:30:12Z")

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No I do not. But I want the 100% go to my wife. So this is the default one.

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### Author: ![Dr.PI](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/dr.pi/32/5299_2.png) [@Dr.PI](https://forum.mustachianpost.com/u/Dr.PI)
#### Post date: [July 22, 2021, 3:07pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/7 "2021-07-22T15:07:05Z")

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Same here. Don’t want to bother AND what I want is a default option. But I store some printouts with information about my brokerage accounts etc in a place where it would be logical to look for it.

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### Author: ![anonym](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/anonym/32/12687_2.png) [@anonym](https://forum.mustachianpost.com/u/anonym)
#### Post date: [July 22, 2021, 4:17pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/8 "2021-07-22T16:17:37Z")

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probably going to marry his gf (or someone else 😛)

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### Author: ![Cortana](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/cortana/32/2082_2.png) [@Cortana](https://forum.mustachianpost.com/u/Cortana)
#### Post date: [July 22, 2021, 4:18pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/9 "2021-07-22T16:18:55Z")

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The law will change. The 50% minimum for parents with unmarried people (like me) will drop to 0. So someone that isn’t married can decide on the whole 100%.

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### Author: ![Burningstone](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/burningstone/32/12334_2.png) [@Burningstone](https://forum.mustachianpost.com/u/Burningstone)
#### Post date: [July 22, 2021, 6:19pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/10 "2021-07-22T18:19:31Z")

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This would change the situation, but he then would still not be able to distribute his wealth evenly between these 5 persons, instead his wife would get min. 75% → [Fedlex](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_462)

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### Author: ![San\_Francisco](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/s/ea5d25/32.png) [@San\_Francisco](https://forum.mustachianpost.com/u/San_Francisco)
#### Post date: [July 22, 2021, 6:36pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/11 "2021-07-22T18:36:34Z")

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> [@Burningstone](#):
>
> instead his wife would get min. 75% → [Fedlex](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_462)

_"[Art. 471](https://www.fedlex.admin.ch/eli/cc/24/233_245_233/de#art_471)  
Der Pflichtteil beträgt:_ (…)  
_3. für den überlebenden Ehegatten, die eingetragene Partnerin oder den eingetragenen Partner die **Hälfte**."_

Am I missing something?

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### Author: ![IdleThought](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/i/5f8ce5/32.png) [@IdleThought](https://forum.mustachianpost.com/u/IdleThought)
#### Post date: [July 22, 2021, 6:38pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/12 "2021-07-22T18:38:09Z")

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Just used the first google hit

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### Author: ![Burningstone](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/burningstone/32/12334_2.png) [@Burningstone](https://forum.mustachianpost.com/u/Burningstone)
#### Post date: [July 22, 2021, 6:39pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/13 "2021-07-22T18:39:57Z")

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No you are right, I accidentally used the wrong article stating the default, not the necessary part.  
Still the plan wouldn’t work to distribute it evenly between the 5 persons 🙂

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### Author: ![Fliss](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/f/f6c823/32.png) [@Fliss](https://forum.mustachianpost.com/u/Fliss)
#### Post date: [July 22, 2021, 6:48pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/14 "2021-07-22T18:48:47Z")

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> [@anonym](#):
>
> probably going to marry his gf (or someone else 😛)

If it were that simple 😀

My oldest son will turn 18 soon. He’s disabled, and will not be allowed to take financial decisions himself (he’d spend all to buy chocolate probably – it could be worse evidently). I guess, but am far from an expert, all that he inherits would end up with the state.

Of course, the state supports him in may ways including financially, so it is not entirely unfair or undesirable. Regardless, if we could arrange things more efficiently, so that he can profit personally in a different manner (we own a holiday cottage in France he loves to visit, could it be maintained with his part while his bother has ownership etc.).

We were discussing this, and will get professional advice; however, it got me thinking about the issue and wondering what others here think about the issue.

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### Author: ![San\_Francisco](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/s/ea5d25/32.png) [@San\_Francisco](https://forum.mustachianpost.com/u/San_Francisco)
#### Post date: [July 22, 2021, 6:49pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/15 "2021-07-22T18:49:47Z")

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> [@anonym](#):
>
> probably going to marry his gf (or someone else)

With his salary and new hairline, he definitely won’t run short of girls heads over heels to marry him.

As a relentless optimiser though, he would never risk falling short of the [maximum AHV/AVS pension](https://www.bsv.admin.ch/bsv/de/home/glossar/maximalrente.html).

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### Author: ![1742](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/1742/32/15276_2.png) [@1742](https://forum.mustachianpost.com/u/1742)
#### Post date: [July 22, 2021, 7:32pm UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/16 "2021-07-22T19:32:45Z")

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The law changes only in [2023](https://www.admin.ch/gov/de/start/dokumentation/medienmitteilungen.msg-id-83570.html). Until then, your will goes against the law and could therefore be challenged by anyone.

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### Author: ![Cortana](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/cortana/32/2082_2.png) [@Cortana](https://forum.mustachianpost.com/u/Cortana)
#### Post date: [July 23, 2021, 5:43am UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/17 "2021-07-23T05:43:46Z")

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Oh well, so lets hope I don’t die in the next 1.5 years 😃

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### Author: ![Bojack](https://forum.mustachianpost.com/user_avatar/forum.mustachianpost.com/bojack/32/281_2.png) [@Bojack](https://forum.mustachianpost.com/u/Bojack)
#### Post date: [July 23, 2021, 5:59am UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/18 "2021-07-23T05:59:44Z")

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Any idea how this stuff works anyway? If you are a resident of country X but a citizen of country Y, which country’s rules decide? I didn’t bother with a will, frankly I don’t care what happens once I’m dead, I trust that whatever the rules are, they are somewhat fair.

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### Author: ![Fliss](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/f/f6c823/32.png) [@Fliss](https://forum.mustachianpost.com/u/Fliss)
#### Post date: [July 23, 2021, 6:02am UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/19 "2021-07-23T06:02:40Z")

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> [@Bojack](#):
>
> Any idea how this stuff works anyway? If you are a resident of country X but a citizen of country Y, which country’s rules decide?

Generally, country of residence. Though, sometimes the place where you wealth is located makes a difference too (US!).

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### Author: ![Voodoo](https://forum.mustachianpost.com/letter_avatar_proxy/v4/letter/v/e68b1a/32.png) [@Voodoo](https://forum.mustachianpost.com/u/Voodoo)
#### Post date: [July 23, 2021, 6:04am UTC](https://forum.mustachianpost.com/t/do-you-have-a-will/6777/20 "2021-07-23T06:04:47Z")

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You indeed are missing something:  
As you might know, all the money made while being married counts as „geimeinsame Errungenschaft“ (shared accomplishment?), meaning it belongs to both of the married persons, regardless of who earned (or lost!) it. In the event of death, 50% of it immediately becomes the property of the surviving person. The other half becomes the estate, which will be distributed according to the will of the deceased person. It is mandatory that at least 50% of the estate goes to the husband or wife.  
So, in the ideal case that all the net worth of a married couple consists of „gemeinsame Errungenschaft“ (meaning both had zero net worth when getting married and no inheritances), indeed 75% (50% of the net worth + 50% of the estate) of all the money goes to the surviving partner.

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