Facts
A.A. and B.A. are the sons of D.A., who passed away on July 30, 2010. C. is the former life partner of the deceased and is demanding payment of a legacy of 10 million Swiss francs from the sons out of the deceased's estate.
On December 15, 2010, the District Court of Meilen opened several testamentary dispositions and gift promises of the deceased, including a will dated November 7, 2008, which provided for a legacy of 10 million Swiss francs to C. Another will dated March 17, 2010 contained in clause 7 the provision that it would replace all previous testamentary dispositions. The deceased destroyed this will of March 17, 2010 during his lifetime with the intention of revoking it.
C. then sued the sons A.A. and B.A. for payment of the legacy from the will of November 7, 2008. The District Court dismissed the claim, but the Higher Court upheld it.
Considerations
The Federal Supreme Court notes that the distinction between the facts (the declaration of intent) and the legal consequences (the shaping of the legal situation) of a testamentary disposition is decisive. The facts of a testamentary disposition are the declaration of intent of the testator, regardless of whether this was brought to the attention of a recipient during the testator's lifetime.
The revocation of a testamentary disposition is also a disposition upon death and concerns the facts of the revoked disposition, i.e., the previous declaration of…