Facts
Traugott Walser, who passed away on September 28, 1948, had drawn up a holographic will on August 31, 1933. He later made several amendments to the will by striking out the legacies in favor of the deceased Marie Eggmann and appointing the defendant, her son Kurt Eggmann, as the new legatee. These amendments were not dated and signed.
The High Court of Appenzell A. Rh. declared the legacies made in favor of the defendant to be invalid, as they did not meet the formal requirements of Art. 505 of the Swiss Civil Code (ZGB). The defendant appealed against this judgment.
Considerations
The Federal Supreme Court upheld the judgment of the High Court. It stated that the amendments made by the testator to the will, in particular the appointment of the defendant as the new legatee, should be considered as new testamentary dispositions. According to Art. 505 ZGB, these were subject to the formal requirements of dating and signing, which were not fulfilled here.
The Federal Supreme Court held that the dating and signing of the original will of August 31, 1933 were not sufficient to also cover subsequent additions and amendments. Each individual disposition must be…