Planning roadmap for expats in Switzerland (2026) Part Three
min readPART THREE
This article is the third of the three-part series discussing some key planning points for expats in Switzerland. Incapacity and children planning is the key focus of this part three.
Incapacity planning – the grey middle ground
Incapacity planning often gets left to one side. However, the unfortunate grey area of incapacity still needs to be given thought when moving as in some circumstances, documents such as powers of attorney which are put in place in one country may not be effective in another. Swiss banks or other institutions may be unwilling to accept foreign powers of attorney, particularly those that make no reference to Switzerland and/or are not from contracting state parties the Hague Convention on the International Protection of Adults. Similarly, Swiss-focussed financial and healthcare powers of attorney may not help dealing with assets elsewhere.
Planning for children – big considerations for the smallest family members
Many expats move to Switzerland with their family, or start a family whilst resident here. A vital consideration for some is ensuring that your existing legal responsibility and/or legal parenthood for your children is recognised in Switzerland, or indeed that you obtain it in Switzerland if you child is born whilst you are there. For the majority of families this is no issue, as birth mothers and married fathers are naturally granted legal responsibility for their children under Swiss law. However, this is not necessarily the case for those who have started a family through fertility assistance, surrogacy arrangements or adoption. In these instances, arrangements will need to be put in place to deal with parental responsibility. Switzerland is a signatory to a number of international conventions which in part aim to standardise the recognition of orders made abroad so it is important that planning is put in place to ensure this applies to your circumstances.
At the same time as ensuring your legal responsibility for your children, it is also important to check that your existing arrangements for the care of your children after your death are practical, feasible and enforceable in Switzerland. The appointment of guardians in your Will is key, and extra thought needs to go into matters such as whether your children will remain in Switzerland, where they will go to school and so on. Whether or not your child is born in Switzerland, there will likely be immigration issues to consider if your appointed guardians are elsewhere. The appointment of guardians is of course not Swiss-specific – you need to be comfortable that the appointed person(s) can deal with your children wherever you move.
We have set out in this three-part series a small collection of topics to think about. Whether you are in Switzerland temporarily or for the longer-term, the importance of efficient, effective and flexible planning cannot be underestimated.
For more information, please contact Sophie Hart on sophie.hart@crsblaw.com / +41 (0)22 591 17 54, or Catherine Merkt for family law specific matters on catherine.merkt@crsblaw.com / +41 (0)22 591 18 46.
