
Marriage and cohabitation are in different priority groups
Under the current pillar 3a rules, a surviving spouse or registered partner takes priority. If there is no one in that group, the next includes direct descendants and certain other people connected to the deceased. An unmarried partner can qualify in that group, for example if the couple lived together without interruption for at least five years immediately before the death, or if the partner must support one or more children they had together. A shared address alone does not establish that one of the applicable conditions is met.
Find the right group before discussing percentages
Suppose a divorced person has two adult children and has lived with a partner for eight years. Assuming those facts are established and there is no surviving spouse or registered partner, the children and partner can fall in the same group under the ordinance. Article 2 of the Pillar 3a Ordinance allows rights within that group to be specified. Ask your foundation how it applies the rule in your case. Do not assume everyone receives one third, or that the partner automatically takes priority over the children.
What the designation needs to resolve
For a hypothetical balance of CHF 90,000, half would be CHF 45,000 for whichever group of people you intend it to cover. This shows how a proposed instruction works in francs and does not describe the default legal split. Ask the provider to confirm that the designation is valid, especially if people fall into different groups. A designation cannot remove the statutory priority of a surviving spouse or registered partner.
Keep the proof up to date
Ask which form the provider accepts, what evidence of cohabitation or financial support could be needed, and whether it will acknowledge receipt. One household may have an account with a bank foundation and a 3a policy with a different provider. Check each file separately. After a marriage, separation, move or birth, compare what the provider still has on file with the new circumstances.
Fit the designation into your estate planning
A will may help with other property, but it does not remove the need to check the statutory order and the procedures for 3a. If you plan an unusual allocation or protected inheritance rights are involved, get legal advice. Aim to leave a record from which someone can identify the last designation accepted by each provider and the documents that support it.