Guido, what should cohabiting partners set down in writing?

Guido: When you are falling in love, you do not want to think about the worst that could happen – be it a separation or a medical emergency. Even so, I would advise couples to ask themselves a couple of important questions at an early stage:

• How are going to pay for shared living expenses?
• How are you going to pay for third-party contracts you have taken out together?
• In case you separate: who will get the things that you bought together during the relationship?
• Who can continue living in your home and how soon does the other person have to move out?
• In case of death: what is the surviving partner going to inherit?
• Is the partner’s retirement provision protected?
• Do you want to release doctors from their physician confidentiality obligations so your partner will stay informed in an emergency?

All of these things can be governed by a cohabitation agreement. And, the most important of these questions can be addressed with a living will and lasting power of attorney.

Why are living wills and lasting powers of attorney so important for cohabiting partners?

They determine what happens to you if you are no longer capable of making decisions – such as after an accident. This is because, unlike in situations where people are married, your partner will not automatically become responsible for you – but the state, in the form of the KESB (children and adult protection authority) will. That is why you should definitely specify the person who may decide in your name the care centre you should go to or whether the mortgage on your home should be extended in a lasting power of attorney. A living will ensures that an emergency will be dealt with according to your wishes without requiring your partner to make medical or legal decisions.

What exactly does a living will cover

In a living will, you can record which medical measures you do want and which ones you don't want to be performed if something happens to you. For example, you can decide whether or not you consent to resuscitation or artificial respiration if the medical circumstances should call for it. Without a living will, doctors will decide together with your closest relatives what action to take. Your cohabiting partner is usually not included in these decisions. This is why you should empower them to be part of this in a living will. Sample forms are available for download at FMH, the SRK and Caritas.

Why do I also need lasting power of attorney?

Lasting power of attorney is used if you are no longer capable of making decisions yourself. It sets out who can make decisions for you as your representative. That can be your partner or someone else you trust. Lasting power of attorney has to be written on paper and signed by you or has to be notarised. It consists of three parts.

• In the first one, the personal power of attorney, you can specify where you want to live in the event you need care, and who will be responsible for caring for you.
• In the second, under property attorney, you can specify how you would like your savings to be managed and, for self-employed persons, how you want your business to continue.
• The third part governs legal proceedings with authorities and other public or private offices.

Where can I record what my partner will inherit when I die?

How inheritance is divided is clearly regulated by law. For cohabiting partners, the surviving person does not get anything if there is no will or inheritance contract. This is why it is important to address this issue early on. With a will, you can bequeath any children their predetermined statutory share, and any remaining assets to your partner.

What changed in inheritance law at the beginning of 2023?

Cohabiting partners finally got more rights, meaning an inheritance contract or a will can favour the surviving person more. Due to the fact that the statutory share for parents has been abolished, the surviving person can – if there are joint children – receive up to 75% and up to 100% if there are no children.
 

How is the surviving cohabiting partner protected financially in the event of death?

The surviving partner is not entitled to a widow’s or widower’s pension from the state. Nevertheless, depending on the circumstances, you may receive money from pillar 2. Find out more about the rules from your pension fund. Private pensions stipulate that cohabiting partners who have lived together for five consecutive years as cohabiting partners can inherit savings from pillar 3a. The choice of who will benefit from pillar 3b in the event of death will lie with you, provided that you comply with the statutory shares and the insurance has a surrender value.