Deregistrations and terminations

Question 1

What to consider when terminating a rental apartment?

According to Art. 266 I OR, you have an extraordinary termination option in the event of death. You may terminate the lease with the statutory notice period to the next statutory date, even if the lease agreement does not permit termination until a later date.

The statutory period is three months for apartments and six months for business premises.

The legal date is the local one.

Under certain circumstances, however, the lease agreement allows for a more rapid termination than Art. 266i CO, for example in the city of Zurich, where there are only two customary termination dates per year. Then you can terminate based on the contractual notice periods and dates.

Furthermore, you have the possibility to suggest new tenants to the landlord. Then you do not even have to comply with the three-month notice period.

A tenancy does not automatically expire when the tenant dies.

It is important to know: A tenancy does not automatically expire when the tenant dies. The heirs must give notice. In principle, all heirs would have to do this together.

However, based on the statutory provisions on management without mandate (Art. 419 et seq. CO), termination by an heir alone should also be valid.

Question 2

Case of death – checklist for assistants

Principle

The guardianship and the office of the guardian end by law with the death of the person concerned (Art. 399 Para. 1 and Art. 421 No. 2 CC).

After the end of the term of office, there is a duty to submit a final report and, if necessary, a final account to the KESB (Art. 425 ZGB).

Legal succession

The guardian may be authorized to execute a specific order by the legal successors, who must legitimize themselves by means of a certificate of inheritance.

If the guardianship acts without a mandate and legitimation, the tasks are to be carried out according to the rules of management without a mandate (Art. 419 ff. OR). The transactions are thus to be conducted for the benefit of the deceased person and in accordance with his or her presumed will. The guardian is personally liable for any damage caused by careless or negligent conduct.

In practice

Often there is a need to have certain matters taken care of after the death of the person concerned, especially the arrangement of the funeral if there are no heirs/known heirs or if they do not take care of the deceased person.

Every municipality is obliged to give a deceased person a decent burial (right to human dignity, Art. 7 BV). If there are no family members to arrange for the burial, the responsibility for a suitable burial rests with the municipality. If necessary, the former support person must provide the impetus and support for this.

Inheritance Office

The municipalities act as inheritance offices and are authorized to appoint an inheritance administrator. The guardian may be provided for this purpose (Art. 554 para. 3 CC). The KESB is only to be involved in inheritance matters if absent or incapacitated heirs or heirs in need of assistance/protection must be represented.

Tenancy

With regard to a tenancy, the tenancy is not automatically terminated by death, but the tenancy agreement passes to the heirs and is continued by them. The heirs may terminate with the statutory notice period (Art. 266i OR).

If there are no known or existing heirs, the former support person should inform the landlord of the death. The tenancy may only be terminated with the express instruction of the heirs or in the capacity of officially appointed executor/administrator of the estate.

Further tasks if no relatives/heirs are available

Removal of perishable goods
Feeding and caring for pets
Clarification of the burial (but no commissioning).
Preventing unnecessary cost consequences
Orders that cannot be postponed due to unavoidable imminent or growing damage
Close accounting / prepare financial statements as of date of death / prepare final report and final invoice as of date of death
Order deposit/account statements by date of death
Create pending list for heirs (stop standing orders, cancel LSV, reclaims, such as. Health insurance premiums, medical expenses, medical expenses with EL)

Tasks on behalf of the heirs

Notification of relatives and caregivers
Organize funeral
Cancellation of the apartment
Reclaim rent deposit
Notify creditors
Termination electricity
Cancellation phone
Cancellation newspaper subscription
Cancellation of household/liability insurance, etc.
Inform local tax administration

Question 3

Does the power of attorney expire in the event of death?

Powers of attorney become invalid, expire or are only valid to a limited extent:

the power of attorney usually expires upon death in accordance with the Code of Obligations
there are bank powers of attorney that are valid beyond death. However, these are not valid in every case without limitation

Question 4

Do I still need a tax return when I die?

In the case of deceased persons, the tax return for the period up to the date of death must be completed by the heirs (= so-called tax liability during the year). Upon the death of a married person, the spouses are assessed jointly until the date of death. For the period after the date of death, the surviving spouse is assessed separately.

A death is a drastic event for the surviving family members and friends of the deceased person. The tax administration tries to take this circumstance into account by only sending documents after a 30-day waiting period.

In any case, the death triggers the need for action by the tax administration. Namely, it terminates the tax liability of the deceased person. Therefore, the tax liability exists only during part of the year. The income earned up to the date of death is taxable. The assets of the deceased person are taxed proportionately up to the date of death.

The heirs must submit a tax return with the income of the deceased person from the beginning of the tax period until the date of death and with the assets on the date of death. The heirs receive a separate tax statement for the deceased person.

Question 5

Do I have to pay back the last pension?

Thus, the current month’s pension belongs to the bereaved family, but the next month’s pension payment would have to be repaid.

Example:

For example, with the payment of 07.02.2017 you will receive the pension for the month of February 2017. The transfer time depends on the payment method (bank transfer, check, or postal transfer) and the destination country.

If a death occurs after 07.02.2017, the pension of the deceased person, resp. their heirs.

However, the pension payment of 07.03.2017 would have to be paid back to the AHV.

Question 6

Duration of the pension in the event of death

The current month’s pension belongs to the bereaved family, but the next month’s pension payment would have to be repaid.

Question 7

What happens to the car, the license plate of a deceased person?

As relatives, you must notify the Road Traffic Office within 14 days by means of a circular form (indicate: name, date of birth and date of death of the deceased person). In addition, the name and address of a responsible contact person must be provided.

Any control tag numbers redeemed to the deceased person must be returned within 30 days to either.

be returned.

or

be transferred to the current owner or holder. The following documents are required for this purpose:

the application form completely filled in and signed;
- a new insurance certificate in the name of the current owner (this document is available from the insurer upon request);
- the previous vehicle registration document for transcription.
- If no new owner is known, the number must be transferred to the community of heirs within the same period. The procedure is identical.

Question 8

What emergency call systems are available for the elderly?

Systems range from emergency wristbands to stationary and mobile devices. There are several providers of emergency call systems for seniors. Here is a small excerpt:

SmartLife Care offers a wide range of mobile and/or stationary equipment that can be either rented or purchased. With the emergency call system it is possible to call the emergency call center directly with a paid subscription. There is no minimum term and the contract can be terminated monthly. For more information on SmartLife Care, visit: www.smartlife-care.ch

Vitatel offers a stationary, rentable variant. The emergency call system includes a subscription with the emergency call center, which is chargeable. In addition, a one-time fee and a deposit fee are due upon conclusion. Calls are unlimited. Learn more about the rentable emergency call system: www.vitatel.ch

Seniors can buy or rent the Digital SmartWatch from Limmex. With this system, too, the emergency call center can be dialed directly with a subscription. The call duration is limited to 60 minutes per quarter. The minimum term is 1 year. For all information on the digital smartwatch: www.limmex.com

The Swiss Red Cross offers stationary and mobile emergency call systems for rent, depending on the canton. With the subscription, the emergency call center is radioed directly as soon as the emergency button is pressed for a longer period of time. A one-time fee is due and the minimum term is 3 months. The cancellation period is 20 days. You would like to know more about the products of the Swiss Red Cross?: www.notruf.redcross.ch

aidwatch is one of the emergency systems that work with a smartwatch. The emergency contact is called at the push of a button. In addition, an automatic fall alarm is integrated in this emergency system. Learn more about aidwatch’s emergency smartwatch system: www.aidwatch.ch

Also providing security at the touch of a button is Sawires emergency call. Around the clock, the emergency call center and immediate assistance are available.Find all information about Sawire’s emergency call: www.senioren-notruf.chMehrInformation about emergency call systems can be found here: www.seniorenportal-schweiz.ch

Question 9

What is a guardian or adult protective services?

The purpose of a guardianship is to ensure the welfare and protection of a person in need of assistance. However, it should only restrict a person’s right to self-determination to the extent that this is really necessary from the point of view of protection.

As a general rule, a guardianship should only ever be ordered if the protection of a person cannot be achieved in any other way. If, for example, the care provided by the environment of the person concerned (e.g. relatives or friends) is sufficient or if the support provided by non-governmental charitable organizations (such as Pro Infirmis) or by institutions of state social welfare is assured, a guardianship can and should be dispensed with.

The adult protection authority orders a guardianship either ex officio or at the request of the person concerned or a close person. The prerequisite is a state of weakness described in the law (mental disability, mental disorder or similar personal state of weakness; temporary incapacity to judge or local absence).

The guardian is appointed by the adult protection authority. This may be a private counsel or a professional or official counsel employed by the community. The authority must ensure that the guardians – and in particular the private guardians – receive the necessary instruction, advice and support (including training and further education, if necessary). If circumstances so require, more than one person may be appointed as counsel. In such a case, it shall be determined whether these persons shall hold office jointly in all areas, or whether they shall have different responsibilities. When choosing the person to act as an advisor, the authority shall primarily take into account the wishes and concerns of the person concerned, his or her relatives and persons close to him or her.

The guardianship expires in the event of death. There is a loophole in the law in this regard. The guardianship is not actually allowed to make any more decisions. If there are no relatives or if they are not in contact with the deceased person, the decision-making authority is not regulated in the short term.

Question 10

What do I have to do in case of death at the road traffic office?

As relatives, you must notify the Road Traffic Office within 14 days by means of a circular form (indicate: name, date of birth and date of death of the deceased person). In addition, the name and address of a responsible contact person must be provided.

Any control tag numbers redeemed to the deceased person must be returned within 30 days to either.

be returned.

or

be transferred to the current owner or holder. The following documents are required for this purpose:

the application form completely filled in and signed;
- a new insurance certificate in the name of the current owner (this document is available from the insurer upon request);
- the previous vehicle registration document for transcription.
- If no new owner is known, the number must be transferred to the community of heirs within the same period. The procedure is identical.

Question 11

Will the employer give me days off in the event of a death?

If a family member dies, the employer grants 1 to 3 days (depending on the degree of relationship).

Question 12

How long am I entitled to the AHV pension after a death?

The current month’s pension belongs to the bereaved family, but the next month’s pension payment would have to be repaid.

Question 13

Deregistration AHV and/or supplementary benefits in the event of death and deregistration with the pension fund – who does this?

A regulated notification procedure ensures that the death is reported to the competent civil registry office. The Civil Status Code stipulates that the notification is also sent to the AHV.

This takes a certain amount of time. Therefore, the bereaved family is advised to contact the AHV office themselves. Often, this can prevent a pension from being paid out, which then has to be transferred back again. A quick phone call may suffice. But there is no obligation for the bereaved family to inform the AHV office.

Likewise, the civil registry office reports a death of foreign nationals to the representation in Switzerland of the home country.

For deregistration with the pension fund, it is the bereaved family that must take action. Unlike the AHV, the authorities do not know the pension fund responsible.

As a rule, a death certificate is required for deregistration (this is not the medical death certificate, but the death certificate is issued by the civil registry office).

It takes a few days for the bereaved family to receive a death certificate, because the registry office has to check the registers and the data in order to issue it. must match.

Question 14

Deregistrations and terminations – what do I need to think about?

Many current contracts, such as a lease, must be explicitly terminated by relatives. For this, the relatives need the death certificate (note: the death certificate is not the medical death certificate).

A death certificate is required to cancel some contracts. We recommend that you call the contractors in advance and ask whether or not a copy of the death certificate is required. Some agencies are very accommodating, which is why a report without a death certificate is often sufficient.

We recommend that you contact the following offices:

AHV / the residents’ registration office informs the AHV /
Tip: if death occurs towards the end of the month, then call and have pension payment stopped
Social welfare office, IV, supplementary benefits
Pension Fund
Health insurance
Insurance: accident, life, liability, household, vehicle, building, legal protection
Lease agreement apartment, garage, parking, workshop
Motor Vehicle Inspection / Road Traffic Office
Phone: mobile, landline, internet, phone book entry
Newspaper and magazines
SBB, Libero (GA, Half-Fare, etc.)
Serafe (formerBillag) / the residents’ registration office informs Serafe monthly
Electricity/Gas
Family doctor and possibly other doctors, dentist
Associations, membership homeowners association, Pro Senectute, TCS, REGA
Coop, Migros, mail order, eggs, beverages
Spitex, meal service
Employer

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