Bulletin Vol. 64 no. 2 - AAFI-AFICS, Geneva - UNOG

Wills and successions
Q. Is Swiss law applicable to all successions for those – whether of Swiss nationality or not –
who are officially resident in Switzerland?
A. Swiss law normally governs the succession of a person who is deemed to be domiciled in
Switzerland. There is, however, a “professio juris” foreseen in article 90, al. 2 of the LDIP
whereby a foreigner may provide in his will or by a special contract (“pacte successoral”)
that the succession will be governed by the law of the country of which he/she is a
national. This possibility lapses if, at the time of death, the testator no longer has that
nationality or has taken Swiss nationality (see the official text in the French language part
of this Bulletin). This means that foreigners living in Switzerland may choose to have all
their assets governed by the law of their country of nationality if they deem that this will
better respect their wishes than under Swiss law. In view of the rather delicate juridical
complexity of this proviso, it is advisable to consult a notary.
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GENERAL INFORMATION
THE PUBLIC TRANSPORT COSTS IN GENEVA
Many AAFI-AFICS members have applied for the new cost reduction facility but surviving
spouses are disappointed.
We were pleased to inform our readers in an article published in the September 2004 edition of the
AAFI-AFICS Bulletin of the benefits, which had been secured for staff and pensioners of the UN
system in Geneva. It will be recalled that, thanks to the joint efforts between the Canton and City of
Geneva, the local transport authorities through UNIRESO®, the CFF and the International Civil
Servants Mutual Association of the UN and Specialized Agencies (la MEC), and with the active
support of the UN Joint Staff Pension Fund, a convention was signed with the aim of promoting the
use of public transport as a means to protect the environment. This convention offered a significant
subsidy and thereby a reduction of the cost, for an annual pass for public transport by bus, tram and
trains. At the origin this facility had only been intended for active staff, with the aim of encouraging
them to commute by public transport to and from work. However, thanks to efforts by active
colleagues in the MEC and the UN Joint Staff Pension Fund’s office in Geneva, it became possible to
extend the facility to former International Civil Servants and their spouses. We advised our members
to contact the MEC, as the entity providing the administrative support with UNIRESO and the CFF, to
obtain the application form required in order to benefit from these reductions.
Many of our members residing in Geneva have done so. However, a few of our members who have
become widows, have informed us of the fact that, whereas spouses of former International Civil
Servants can enjoy the same UNIRESO benefits as their husband or wife, this facility ceases upon the
death of the former staff member. We have consulted the MEC and are advised that this derives from
the terms of the convention and the status of the signatory partners, the Geneva authorities, the MEC,
UNIRESO and the CFF. Effectively the MEC membership, which is required in order to have access to
the convention, is limited to active International Civil Servants. It has been found possible to extend
such membership status to former International Civil servants and to include their spouses in the
resulting access to the UNIRESO and CFF facility. But at the present time this cannot be further
extended to a surviving spouse, who unfortunately loses access to the facility upon the death of the
former International Civil Servant.
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