Power of attorney after death: who can act and under what conditions?

Power of attorney automatically expires upon death

A standard power of attorney ends immediately at the moment of the principal's death. This is a fundamental principle of Swiss law set out in Article 35 of the Code of Obligations.

From the moment death is certified, the agent loses all legal powers. They can no longer act on behalf of the deceased, nor carry out transactions, nor access bank accounts.

Only a few exceptions exist for urgent acts necessary for the immediate preservation of the deceased's assets. But these situations remain very limited and temporary.

Any person claiming to hold a valid power of attorney after death is acting without legal basis.

What is a mandate in case of incapacity?

The mandate in case of incapacity (Articles 360 et seq. of the Swiss Civil Code) allows you to appoint a trusted person who will manage your affairs if you lose your capacity of judgement.

This mandate applies only during the person's lifetime. It automatically ends at the moment of death.

It should not be confused with a standard power of attorney or a will. The mandate in case of incapacity covers periods of incapacity (illness, accident), not succession.

After death, it is the heirs and the rules of succession that apply, never the agent for incapacity.

Who can manage a deceased person's affairs after their death?

After a death, only certain persons have the legal right to manage the deceased's affairs. Estate management follows strict rules.

Heirs are the first concerned, but other parties may intervene depending on the situation: executor, administrator appointed by the authority, or notary.

No power of attorney granted before death remains valid. Relatives without heir status can only act for very limited urgent procedures.

Legal and testamentary heirs

Heirs' rights begin at the moment of death. Legal heirs (family according to law) or testamentary heirs (designated by will) become collective owners of the estate.

This situation is called joint ownership of the estate. All heirs must act together for important decisions.

They may appoint a legal representative from among themselves to facilitate administrative procedures. This appointment must be formalised in writing.

Without agreement between heirs, no major action can be taken on the estate's assets.

The executor

The executor is designated in the will by the deceased. Their role is to implement the last wishes and facilitate the distribution of the estate.

Their powers are defined by the will and regulated by law. They can temporarily manage assets, pay debts and organise distribution.

The executor acts under the supervision of the heirs and the notary. They must provide regular accounts.

Their mission ends once the estate is settled and the assets distributed according to the will.

The court-appointed administrator or notary

In certain complex situations, the protection authority appoints a court-appointed administrator: minor heirs, serious conflicts, estate with no known heirs.

This administrator temporarily manages the estate in everyone's interest. They have powers after death regulated by the authority.

The notary systematically intervenes for the official opening of the will and the inventory of assets. They authenticate documents and advise heirs.

These professionals guarantee the legal compliance of post-death procedures.

Immediate administrative procedures: who can carry them out?

The first 72 hours after a death require urgent actions. Some can be carried out by relatives without official heir status.

The declaration of death to the civil registry can be made by any person present at the time of death or with direct knowledge. Funeral directors can also take care of this.

The organisation of the funeral is generally handled by close family, even without formal legal status. Authorities show pragmatism in these difficult times.

For all other procedures (bank accounts, insurance, contract termination), it will be necessary to wait for the official designation of heirs.

Consult our complete guide on the first steps after a death for more details.

Access to the deceased's bank accounts and documents

Bank accounts are automatically frozen as soon as the bank is informed of the death. No prior power of attorney remains valid.

To obtain access, heirs must present a certificate of inheritance issued by the competent authority or a notarial certificate. This document officially proves heir status.

Timescales vary according to the complexity of the estate: from a few weeks to several months. In the meantime, direct debits are suspended.

For the deceased's personal documents, legal heirs have a right of access once their status is established. Third parties, even close ones, cannot claim them.

Find all the necessary documents in our article on administrative formalities after a death.

How to avoid abuse and protect the estate

The period following a death can unfortunately give rise to abuse. Legitimate heirs must remain vigilant to protect the deceased's estate.

Some people may take advantage of emotional confusion to appropriate assets or claim non-existent rights. A rapid and organised response limits these risks.

Here are the essential precautions to take from the first days.

Beware of abusive powers of attorney

If someone claims to hold a valid power of attorney after death, check immediately with a notary. Reminder: all powers of attorney expire upon death.

Warning signs: a person who empties the home, accesses accounts, sells assets or makes important decisions without consulting the heirs.

In case of doubt, contact a notary or the protection authority quickly. Do not hesitate to file a complaint if necessary.

Document all assets and their condition as soon as possible to prevent disappearances.

Secure assets and documents quickly

Retrieve keys to the home, safe and vehicles. Change access codes if necessary, especially if several people knew them.

Secure valuables, jewellery, important documents and works of art. Photograph the state of the premises for your protection.

Gather all administrative documents: will, insurance policies, bank contracts, property deeds. Keep them in a safe place.

Establish a detailed inventory of movable and immovable assets. This document will be valuable for the estate and protects against disputes.

Planning during your lifetime to facilitate posthumous management

The best protection against post-death complications remains advance planning. Taking the time to organise your estate considerably relieves loved ones.

Draft a clear will that complies with Swiss law. Appoint a trusted executor who knows your wishes. Consult our guide on how to draft a will in Switzerland.

Prepare a file containing all your important documents: contracts, insurance policies, bank details, professional contacts. Inform your loved ones of its location.

Communicate your wishes regarding the funeral and ceremony. Advance funeral planning avoids family conflicts.

Wolky allows your loved ones to quickly publish an obituary to inform those around them and facilitate remembrance.

Power of attorney automatically expires upon death. Only legal heirs, the appointed executor or the court-appointed administrator can manage the deceased's affairs. Immediate procedures remain possible for relatives, but access to accounts and documents requires clear legal legitimacy.

To protect the estate, quickly secure important assets and documents. Beware of abusive powers of attorney signed at the end of life. Advance planning, through a will or mandate in case of incapacity, considerably facilitates posthumous management and avoids conflicts.

Wolky supports you during these difficult times. Publish an obituary online for 180 CHF and inform your loved ones quickly. You can also create a memorial page to honour your loved one's memory and centralise important information for the family.