You want to make sure that your wealth is in fact distributed according to your last will and testament? Several legal instruments can help you make the most of your Swiss bank account and remain in control of the situation:

1. Postmortem power of attorney
   You appoint someone (e.g. a notary) to be the legal representative of your wealth after your death. You sign a document at the bank which expressly stipulates that your notary is to retain his or her authority after your death.

   In such a way, your death does not alter the notary's authority. Even if the bank is informed of your death, it will keep the account in operation with the notary's signature. The notary can make all the necessary transactions under the authority he or she has been granted.

   The notary does not, however, become the owner of the account holdings, but continues to manage the account in the best way possible. The bank can continue its relations with the notary and inform him or her of any measures to be taken in the best interests of the heirs. The account is not dormant because the bank is in contact with a legal representative.

   The bank is under no obligation to search for heirs or to inform them that the account exists. That is the notary's job, following the instructions you have left him or her. If the heirs know that the account exists, they can use it, cancel the power of attorney and revoke the legal representative's authority.

2. Undisclosed postmortem power of attorney
   This is the same as above, only you do not have your representative (your eldest son, for example) sign the power of attorney and you do not inform him of its existence. Upon your death, the bank will contact your son and invite him to come sign the power of attorney. From that moment on, he can use the account as he pleases.

   If your son learns of the power of attorney before your death, he can ask the bank to hand it over to him. The bank cannot refuse and your son will have authority before you intended him to. Obviously, discretion is particularly important here.

3. The joint account
   This account operates like an individual account, accept that several people can have access to its holdings (you and a friend, for example). The number of co-holders is generally 2, but there can be more, depending on the circumstances.

   The joint account contract has two parts:

• an agreement between you and your friend in which you define the nature of one another's rights and obligations.
• a contract binding you directly with the bank.

The banker is only aware of the contents of the second contract, and does not enter into the relations between you and your friend. The banker is not held responsible if one of you does not respect the agreement.

As a general rule, the account operates with the signature of a single co-holder, but all other combinations are possible. Each CO-holder has extensive rights, including the possibility of closing the account. The bank does not need to seek the approval of the other CO-holders to carry out this instruction. It is often advised that you remove this clause from your contract with the bank.

You can add a postmortem clause stipulating that the account continue to operate after your death with the sole signature of your friend.

The joint account differs from a power of attorney in several ways:

• You cannot revoke your friend's authority over the account.
• You and your friend are completely interdependent: a bank debt can be demanded from either one of you.
• Your heirs cannot revoke your friend's authority over the account upon your death. They will, however, receive the same authority as you had (providing that they know the account exists).

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