Expats in Switzerland: Protecting Your Children with Guardianship Planning
Written by David Rosbotham DipPFS | Financial Planner | Oct 24
Setting up guardianship for minors as an expat in Switzerland is an important process to ensure your children are taken care of in the eventuality that something happens to you. Swiss law has specific regulations for appointing guardians, but it also takes into account the wishes of expats, including those stipulated in a will. Here's a step-by-step guide on how to set up guardianship in Switzerland as an expat:
Include Guardianship in Your Will
Why it’s essential: Swiss law allows you to designate a legal guardian for your minor children in your will. This is the most common way to set out your wishes for who should take care of your children.
Steps to follow:
Draft a legally valid will that explicitly names a guardian for your children. Be clear about the guardian’s responsibilities and intentions.
Since wills can be contested or interpreted differently, ensure the will is prepared according to both Swiss laws and the laws of your home country (if applicable). You may need a bilingual will or separate wills if multiple jurisdictions are involved.
The will must be notarised and signed. You can deposit it with a notary or a lawyer to ensure its safekeeping.
Choose a Suitable Guardian
Key considerations: Select someone you trust to care for your children and who is willing and able to assume the role. If the guardian lives outside of Switzerland, consider how this would affect the child's residence, schooling, and emotional well-being.
Swiss residents: It's often easier to designate someone already living in Switzerland to avoid cross-border complications.
Foreign residents: If you choose a guardian living outside Switzerland, be aware of the potential legal and logistical challenges of relocating children to another country.
Prepare a “Parental Provision” (Testamentary Guardianship)
What is it: This is an official declaration where you appoint a guardian for your children in the event of your death or incapacity. You can include this in your will or as a separate legal document.
Steps:
Work with a Swiss notary or lawyer to draft a parental provision. This document will outline your wishes for who should take care of your children.
Ensure the document is legally binding and complies with Swiss inheritance and guardianship laws. It is helpful to involve a local legal expert who understands Swiss family law, particularly regarding expats.
Understand Swiss Authorities' Role
Swiss guardianship rules: While your wishes regarding guardianship are important, Swiss authorities (like the child protection authority, known as KESP or KESB, the "Kinder- und Erwachsenenschutzbehörde") ultimately decide on guardianship in the best interest of the child.
KESB’s role:
If you pass away, KESB will be involved in assessing the suitability of the named guardian. They will consider your wishes, the child's best interests, and the guardian's ability to care for the child.
KESB could refuse the nominated guardian if they deem the person unsuitable (for example, due to health, financial stability, or other reasons). However, they usually respect the parents' wishes unless there’s a clear reason not to.
Address Cross-Border Complications
Dual considerations: As an expat, you may be subject to the laws of both Switzerland and your home country. The guardianship process may need to be recognised in both jurisdictions, especially if the guardian resides outside Switzerland.
Important steps:
Consult with lawyers both in Switzerland and your home country to ensure that the guardianship arrangements are legally valid in both places.
If your children hold dual citizenship, ensure that any guardianship agreements comply with both Swiss laws and the laws of your home country.
Notify the Guardian and Family
Once you’ve selected a guardian, notify them of your decision and ensure they understand their responsibilities. Make sure they agree to take on this role. It’s helpful to inform close family members of your choice of guardian to avoid confusion or disputes should the guardianship be triggered.
Update Documents Regularly
Periodic review: Your circumstances or those of your intended guardian may change over time. Review your guardianship arrangements every few years, or after major life events (e.g., relocation, changes in your guardian’s situation).
Appoint a Temporary Guardian (Optional)
Why it’s helpful: If the chosen permanent guardian lives outside of Switzerland, you can appoint a temporary guardian who resides in Switzerland to care for your child during the transition period.
How to do it: This should be included in your will or parental provision document and should clearly outline the temporary guardian’s role.
Consult a Legal Expert
Why it’s crucial: As an expat, cross-border legal issues can complicate guardianship, inheritance, and tax matters. A Swiss lawyer who specialises in expatriate family law can help ensure that your guardianship arrangements comply with local and international laws.
How to find one: At Rosbotham Finance we work closely with professionals who can help setup guardianship for minors, feel free to contact us if you need a recommendation.
Taking these steps ensures that, as an expat living in Switzerland, your children will be cared for according to your wishes if something happens to you.