The Memorandum of Wishes serves as a crucial complementary document in Swiss estate and trust planning, providing detailed guidance while maintaining flexibility in asset administration. This document type is particularly relevant in Switzerland, where, despite not being a traditional trust law jurisdiction, trust arrangements are recognized through the Hague Trust Convention. A Memorandum of Wishes typically accompanies a trust deed or will and contains detailed preferences regarding asset distribution, beneficiary support, investment approaches, and family values. While not legally binding, it provides trustees and executors with valuable insights into the settlor's or testator's intentions, helping them make informed decisions that align with the original vision for the trust or estate. The document is especially useful in situations involving complex family structures, substantial assets, or specific requirements for beneficiary support and asset management.
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1. Date and Parties: Identifies the date of the memorandum and the person making the wishes (settlor/testator), and to whom the memorandum is addressed (trustees/executors)
2. Introduction: Establishes the context, referring to the related trust deed or will, and confirms the non-binding nature of the document
3. Definitions: Defines key terms used throughout the memorandum
4. General Principles: Outlines the overall philosophy and approach the settlor/testator wishes the trustees/executors to follow
5. Distribution of Assets: Details preferences for how assets should be distributed or managed for beneficiaries
6. Beneficiary Considerations: Specific wishes regarding individual beneficiaries, including factors to consider when making distributions
7. Education and Support: Guidance on supporting beneficiaries' education and personal development
8. Investment Preferences: General guidance on investment approach and risk tolerance
9. Family Values and Heritage: Expression of important family values and traditions to be considered
10. Execution: Signature block and date of execution
1. Business Interests: Specific guidance regarding any business interests, used when the settlor/testator has business assets
2. Charitable Giving: Preferences for charitable donations and causes, included when philanthropic activities are important
3. Personal Effects: Specific wishes regarding personal or sentimental items, used when there are particular items of personal significance
4. Special Needs Provisions: Specific guidance for beneficiaries with special needs or requirements
5. Tax Considerations: Guidance on tax planning preferences, included for larger estates or complex tax situations
6. Family Governance: Structure for family meetings and decision-making, used for larger family estates
7. Conflict Resolution: Guidance on handling potential conflicts among beneficiaries
1. Schedule of Assets: Detailed list of specific assets and any particular wishes regarding their distribution or management
2. Schedule of Beneficiaries: Detailed information about beneficiaries and their circumstances
3. Family Tree: Visual representation of family relationships to aid in understanding the family structure
4. Letter to Beneficiaries: Personal messages to specific beneficiaries
5. Charitable Organizations: List of preferred charitable organizations and causes
6. Contact Information: List of important contacts such as professional advisors, family members, and other relevant parties
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