How to write a will, advance directive, living will

You don’t do it for yourself, but for your family and loved ones: the living will, the advance directive, the will. In an emergency, your closest relatives will be happy if they know what medical interventions you will tolerate or how you want to divide the inheritance.

Creating these documents does not take long. You will need: paper, pen, laptop.

1. Testament

You need a will if you want to deviate from the distribution key provided by law. This provides for the entire inheritance to be divided between the people with a compulsory share. The best way to find out what the distribution key provides for in an individual case is to use an online will calculator. The Swiss Mountain Aid, for example, offers such a solution. There you tick which relatives you have, then the compulsory shares and the freely available share are calculated. Since this year, every person can freely dispose of at least 50 percent of the inheritance. The partially revised Swiss inheritance law only provides for compulsory shares for spouses and descendants.

How do I write a will?

The easiest way to do this is to use a will generator. The DeinAdieu.ch platform, for example, offers one such generator. There you click through the questions about your family background and the distribution of the inheritance. You then have to enter your personal details. The generator uses the information to put together a digital will template. You then have to copy this by hand, date it and sign it. Important: Only handwritten and signed wills are legally binding. It doesn’t matter which paper is used.

How do I write a will without the will generator?

There are templates from non-profit organizations that you can use as a guide. You can also write your will without any template: the only formal requirement is that it is handwritten, dated and signed. You can also write your will on a computer – but then a notary must certify it publicly so that it becomes legally binding. The advantage of this is that it is also stored immediately. Organizations such as the Swiss Red Cross (SRC) or the Swiss Wills Register also offer such a service.

You should always create or renew a will when something changes significantly in your life, says Lea Moliterni, estate consultant at the Red Cross in Zurich. For example, when a child is born, after marriage or when a serious medical diagnosis is made. A will is also particularly important for cohabiting couples: unmarried and unregistered partners are not automatically included in the inheritance.

Another tip from Moliterni is that you shouldn’t hide your will. “Life isn’t a crime story,” she says. If you keep your will at home, you should put it somewhere where it will be found: for example, in the sideboard in the living room or in the bedside table. You should also tell the people you trust most closely that there is a will and where it is. Moliterni also advises attaching a computer-written version of the document to the original, especially if the handwriting is difficult to read – to avoid anything being misinterpreted.

2. Advance directive

The advance directive comes into effect in the event of temporary or permanent incapacity to make decisions. For example, if you are in a coma due to an accident. If you want to be represented by a specific person in this case, you need an advance directive. This can be used to determine who can open the mail, who pays the bills, who uses e-banking and who manages the apartment. Without an advance directive, the Child and Adult Protection Authority (Kesb) appoints a person. If there is one, it selects a person from your personal environment.

How do I write an advance directive?

You can find sample forms from various institutions on the Internet. You have to copy these out by hand, writing your own name and that of the person who is to represent you in the space provided. As with a will, the advance directive is only legally binding if it is handwritten. If you want, you can give different powers of attorney to different people. For example, you can appoint one person to be responsible for financial aspects, a second to make legal decisions, and a third to be responsible for health issues.

How do I write an advance directive without a template?

If you do not have access to the Internet, you can also write the advance directive without a template. It is important that the advance directive clearly states which person is to represent you and who you are. The date and signature are mandatory. The document must be written entirely by hand. You can also have an advance directive publicly certified by a notary and deposited there. In this case, it can also be written on a computer. Or you can entrust the document to another organization such as the SRC.

“The smaller your circle of friends is, the more important a precautionary directive becomes,” says SRK advisor Moliterni. This is because if the Kesb cannot find a suitable person in your personal circle of friends, it can also appoint an official representative from the city or municipality. Many people are afraid of this; they want to decide for themselves who will look after their belongings in an emergency.

Moliterni stresses, however, that official assistance does not have to be a bad option. It is also important to note that a template is used from a Swiss organization and not one from Austria or Germany. There are similar but slightly different documents there, such as the general power of attorney. Moliterni recommends keeping the advance directive together with the will.

3. Patient directive

You need a living will if you want to decide for yourself which medical interventions are carried out in the event of a serious illness or incapacity to make decisions. This involves questions such as: Do I want to be resuscitated if I have a serious heart attack? Or if I am suffering from dementia in a nursing home, should the medical staff do everything they can to ensure that I live as long as possible? These are the kinds of questions that can be answered with a living will.

How do I write a living will?

There are ready-made forms for the living will on the Internet. One such form can be found on the website of the Swiss Medical Association FMH, for example. You can print it out and fill it in by hand or on the computer. First you have to provide your personal details, your family doctor and an authorized representative. The latter should be the same person as the one for the advance directive.

You then have to describe your personal values ​​in as much detail as possible. This could include sentences like: “A life in which I no longer recognize my children because of dementia is no longer worth living for me.” To complete the first part of the document, you now have to tick the two most important boxes. Firstly, whether and in which situations you want to be resuscitated. Secondly, whether and in which situation you want life-sustaining measures.

In the second part of the document you can note further medical instructions: for example, what kind of medication or treatment you want and what you don’t want. Or whether you want to donate your organs or not. Finally, you have to sign the documents.

How do I write a living will without a template?

If you don’t have a computer, you can also write your living will by hand. It can also just be a statement of values. It can contain sentences about personal values ​​regarding health and illness. Or you can simply explain what is important to you in life and what restrictions you would be willing to live with. Such written statements of values ​​help those around you and the medical profession to make a decision in the patient’s best interests in an emergency.

In contrast to advance directives, cases involving living wills usually have to be dealt with quickly. For example, in the case of a heart attack, a decision about resuscitation must be made within a short space of time. That is why the Red Cross advisor recommends telling as many people in your immediate environment as possible about your wishes in the event of an emergency. And also telling them that you have a living will and what it says. “Tell your family doctor, your children, your friends.”

A living will alone is no guarantee that its contents will be implemented. In cases of doubt, doctors will do everything they can to keep a person alive. What can help in making the right decision is a meaningful living will and a well-informed representative. Moliterni recommends giving your family doctor a copy of your living will. Or carrying a card with the words “I have a living will” in your wallet. Ideally, you should deposit the document with a non-profit organization or in your electronic patient file.

This is what happens if you do nothing

What Moliterni always tells her customers is to stay calm. Because even if there is no will, no advance directive or no living will, there is a way provided by the law. It is as follows: in the event of death, the estate is divided between the legal heirs; in the event of incapacity to make decisions, the Kesb appoints a person to represent you legally and financially, and in the event of an important health decision, relatives are automatically called in.