Facts
The case concerns a claim by a co-heir (A.) against the executor (B.), seeking a declaration of invalidity of the testamentary appointment of the executor by the testator (C.). The cantonal courts had dismissed the claim, as they were of the view that not only the executor but also all other heirs and beneficiaries should have been sued.
The Federal Supreme Court overturned the cantonal decision and remanded the case to the lower instance for a decision on the merits. It concluded that the appellant (A.) was entitled to sue the executor (B.) alone, without having to include the other heirs and beneficiaries.
Considerations
According to the established case law of the Federal Supreme Court, a judgment on a claim for invalidity only has effect between the parties to the proceedings. The plaintiff is therefore not required to include in the proceedings all persons who derive legal inheritance benefits from the contested disposition mortis causa.
An exception to this rule exists only if the subject matter of the contested disposition mortis causa constitutes an indivisible unit and the declaration of invalidity must necessarily take effect for and against all interested parties. However, this is not the case with the challenge to the…