What to do if you discover a will after the funeral?

What to do immediately after discovering the will?

As soon as you discover a will, a few essential steps are required. Do not open it if it is sealed: only the competent authority can proceed with the official opening.

Contact a notary or the estate supervision authority of your canton immediately. You have a legal obligation to deposit the will within one month of its discovery (article 556 of the Swiss Civil Code).

Also inform the known heirs of this discovery. Transparency avoids misunderstandings and facilitates the rest of the procedure.

Failure to deposit a will constitutes a criminal offence. The sanctions can be severe, even in cases of good faith. Act quickly to comply with the legal deadlines for succession.

Is a will discovered late still valid?

Rest assured: a will remains legally valid even if it is discovered after the funeral. The moment of discovery does not affect its legal validity in any way.

What matters is that the document complies with the formal conditions provided for by Swiss law: holographic will (handwritten, dated and signed) or authentic will (drawn up before a notary and witnesses).

The authority will also verify that the testator had capacity of judgement at the time of drafting and that there was no defect of consent (duress, error, deception).

If these conditions are met, the will is binding on the heirs, regardless of the date of its discovery. To understand the legal requirements, consult our guide on drafting a will in Switzerland.

What consequences for the estate settlement already underway?

The discovery of a will generally disrupts the estate settlement in progress. Testamentary provisions always take precedence over the legal order of heirs.

If the family had begun to distribute the assets according to the rules of legal succession, everything must be reconsidered. The will imposes its own rules of division.

This situation often creates family tensions. Some heirs may see their share reduced, whilst others, sometimes not initially anticipated, receive assets or specific legacies.

The complexity varies according to the progress of the succession and the provisions of the will. Three main scenarios emerge.

Reconsideration of the planned division

If a division was planned according to the legal order of heirs, the will changes matters. The wishes of the deceased are imposed within the limits of the statutory portion.

The statutory portion protects descendants, the spouse and parents against total disinheritance. The testator may freely dispose of the disposable portion, but not beyond.

In practical terms: if the deceased bequeathed assets to an association or to a friend, these provisions must be respected. But if they encroach on the statutory portion of legal heirs, a rebalancing will be necessary.

Heirs who thought they would receive more must accept the new rules of the game.

Modification of the distribution of assets

The will may introduce new beneficiaries: a close friend, a charitable organisation, a distant relative. These persons now have rights to the estate.

Specific legacies (real estate, a valuable object, a sum of money) also modify the distribution. An heir may receive a specific asset rather than a simple share.

The will may also appoint an executor. This person supervises compliance with the wishes of the deceased and facilitates the division.

Even if certain assets have already been distributed informally, the discovery of the will requires everything to be recalculated. The heirs must collaborate to establish a new distribution in accordance with the testamentary provisions.

Assets already distributed: what happens?

Delicate situation: assets have already been distributed or sold before the discovery of the will. What to do?

Heirs in good faith may have to return certain assets or their equivalent value. Swiss law provides compensation mechanisms to restore balance.

If an asset has been sold, the heir who wrongly received it must generally pay back the proceeds of the sale or financial compensation.

Heirs disadvantaged by the initial division may demand rebalancing. The notary calculates the amounts to be returned based on the value of the assets at the time of death.

This phase is often a source of conflict. Recourse to a notary or family mediation greatly facilitates the process.

Procedure for opening and validating the will

Once the will is deposited, an official procedure is initiated. The estate supervision authority (which varies according to canton) organises the public opening of the will.

All legal heirs and beneficiaries mentioned in the will are summoned. They may attend the reading of the document or receive a certified true copy.

A record of opening is drawn up. This official document certifies the existence of the will and its content. It is sent to all parties concerned.

The deadlines: generally one month to deposit the will after its discovery, then a few additional weeks for the official opening. These deadlines vary according to the workload of the competent authority.

This procedure guarantees transparency and allows everyone to know their rights.

Who can contest a will discovered late?

Several persons may contest a will discovered late. Disadvantaged legal heirs come first: descendants, spouse, parents who see their share reduced or eliminated.

Beneficiaries of a previous will also have standing to act, as do persons whose statutory portion is affected.

Grounds for contestation include: defect of form (poorly drafted will), lack of capacity of judgement of the testator at the time of drafting, defect of consent (duress, error, deception).

Beware of deadlines: one year from knowledge of the defect, with an absolute maximum of ten years after the opening of the will. After this deadline, no contestation is possible.

The persons entitled to act in an estate are specified in our article on power of attorney after death.

What role for the notary in this situation?

The notary plays a central role when a will is discovered late. He acts as a neutral facilitator between the different parties.

His main duties: authenticate the will, provide legal advice to all heirs (not just some), establish the revised estate inventory in accordance with the new provisions.

In the event of disagreement between heirs, the notary may propose mediation. His expertise often makes it possible to avoid lengthy and costly judicial proceedings.

He also drafts the new division, ensuring compliance with statutory portions and the wishes of the deceased. His role as a trusted third party reassures families.

The notary protects everyone's interests, not just one party. His neutrality guarantees fair treatment of the estate.

Practical advice to avoid this situation

A few simple precautions can prevent the late discovery of a will. Inform your loved ones of its existence, without necessarily revealing its content.

Deposit your will with a notary or in a safe place known to trusted persons. Some cantons have a central register of wills: make enquiries.

Regularly review your testamentary provisions, especially after major events (marriage, divorce, birth, death of an heir).

Family communication remains essential. Explaining your choices during your lifetime can prevent many conflicts.

To facilitate the procedures for your loved ones, also gather your important administrative documents. Consult our guide on administrative formalities after a death.

The discovery of a will after the funeral does not invalidate its validity, but it considerably complicates the succession. As soon as you find such a document, hand it over immediately to the competent authority, even if the division of assets has already begun. The notary will play a central role in validating the will, informing the new heirs and reorganising the distribution of assets according to the wishes of the deceased.

If assets have already been distributed, the heirs will have to make adjustments, sometimes complex on an emotional and financial level. To avoid these delicate situations, remember to inform your loved ones of the existence and location of your will. A well-preserved document known to trusted persons greatly facilitates the procedures after a death.

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