Facts
The dispute concerns the validity of an oral will made by D.A., who passed away on June 18, 2011. His two daughters, A.A. and B.A., contested the validity of this will, which was probated on August 22, 2011 by the Justice of the Peace of the district of Lavaux-Oron. The procedure was limited to the question of the validity of the oral will.
D.A., suffering from pulmonary fibrosis, was hospitalized on June 15, 2011 and transferred to intensive care on June 16. On June 17, while under respiratory assistance and in an advanced state of weakness, he asked his partner [C.] to contact his two friends [E.] and [F.] so that they could come to his bedside. [E.] and [F.] then drafted an oral will in favor of [C.], which D.A. approved.
On August 22, 2011, the Justice of the Peace probated the oral will. D.A.'s daughters then filed a claim with the Cantonal Probate Chamber of Vaud to have this will annulled.
Considerations
The Federal Tribunal dismissed the appeal and confirmed the validity of the oral will made by D.A.
According to case law, the oral will is an extraordinary form of testamentary disposition, admissible only when the testator is prevented from disposing in another form and this impediment is attributable to exceptional circumstances. These two conditions are cumulative.
In this case, the Federal Tribunal considered that the conditions were met, as D.A. was in a very precarious state of health and could not draft a written will.
Regarding the formal requirements, the Federal Tribunal ruled that the reading…