In Switzerland, as in many other countries, many legal acts must be drawn up in due legal form. However, within the Swiss Confederation, while the instrumentation procedure is regulated uniformly for dispositions mortis causa, all other legal acts come under cantonal law. This has prompted the Federal Office of Justice to set up a think tank on a “unified procedure for establishing authentic acts in Switzerland”, in collaboration with the Swiss Federation of Notaries (FSN) in particular. This think tank is tasked with studying in depth the legal issues associated with any unification of the instrumentation procedure, and with
drawing up the broad outlines of a procedure under federal law, accompanied by explanations. It should conclude its work during summer 2021. As to whether this project could, when the time comes, manage to take precedence over federalism (cantonal powers), nothing could be less certain.
Author : SwisNot, Berne