The Affidavit Of Claim As The Legal Beneficiary is a crucial document in Swiss inheritance proceedings, used when an individual needs to formally establish their right to inherit or receive assets from a deceased person's estate. This document is particularly important in Switzerland's civil law system, where formal documentation and authentication are essential for proving inheritance rights. The affidavit must be executed before a notary public and requires specific supporting documentation such as identification papers, death certificates, and proof of relationship to the deceased. It is commonly used in situations involving international estates, complex family relationships, or when formal proof of beneficiary status is required by financial institutions or authorities. The document must comply with both federal Swiss inheritance law and specific cantonal requirements regarding form and content.
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1. Title and Jurisdiction Declaration: Formal title of the document and declaration of the jurisdiction (Swiss law)
2. Declarant Information: Full legal name, address, and identification details of the person making the affidavit
3. Relationship Statement: Clear statement of the relationship to the deceased and basis for beneficiary claim
4. Deceased's Information: Full details of the deceased person including date and place of death
5. Legal Basis of Claim: Citation of relevant laws and explanation of legal right to claim
6. Asset Declaration: Description of the assets or property being claimed
7. Known Liabilities: Declaration of any known debts or liabilities of the estate
8. Other Beneficiaries: Statement regarding knowledge of other potential beneficiaries
9. Verification of Facts: Formal declaration that all stated facts are true and accurate
10. Notarization Block: Space for notary's authentication and official seal
1. International Aspects: Required when claim involves cross-border elements or foreign assets
2. Prior Proceedings: Needed if there have been any previous legal proceedings regarding the estate
3. Contested Claims: Include when there are known disputes or competing claims
4. Power of Attorney: Required if the affidavit is being submitted through a legal representative
5. Translation Certificate: Necessary when document needs to be used in non-Swiss jurisdictions
6. Additional Beneficiary Details: Required when there are multiple known beneficiaries to be acknowledged
1. Identity Documents: Certified copies of declarant's identification and proof of address
2. Death Certificate: Certified copy of the deceased's death certificate
3. Relationship Evidence: Documents proving relationship to deceased (birth certificates, marriage certificates, etc.)
4. Asset Documentation: List and proof of assets being claimed (bank statements, property titles, etc.)
5. Will and Testament: Copy of will or testament if existing, or declaration of absence thereof
6. Legal Opinions: Any supporting legal opinions or precedents if applicable
7. Previous Correspondence: Relevant correspondence with authorities or other parties regarding the claim
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