Facts
The present case concerned the establishment of a public inventory of the estate of C.A. At the request of his grandchildren A.A. and B.A., the Deputy Governor of Biel/Bienne ordered the establishment of the inventory. Notary F. completed the inventory on February 28, 2017 and provided it to the heirs. A.A. and B.A. objected to the inventory on various points and requested further clarifications and an adjustment of the inventory. However, the Deputy Governor dismissed these requests and set a deadline for the heirs to declare their acceptance of the inheritance.
A.A. and B.A. then filed a complaint with the Cantonal Court of Bern, which was dismissed. Finally, they filed a civil law appeal with the Federal Supreme Court, requesting that the inventory be supplemented and a new declaration deadline be set.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the law, according to its wording, only provides for a single filing of the inventory for inspection and comment. This must be seen against the background that the public inventory only serves the limited purpose of informing the heirs about the assets and liabilities of the estate. The dispute over the material composition and content of the inheritance will be conducted in a subsequent civil lawsuit, not within the framework of the inventory proceedings.
The Federal Supreme Court therefore saw no reason to deviate from the wording of the law and grant the heirs more than one opportunity for inspection and comment. This would also not violate the right to be heard. However, to take into account the legitimate information interests…