Facts
On May 23, 1995, B., domiciled in the municipality of [Z.], passed away. At the request of the legal heirs, the Inheritance Authority of [Z.] ordered the official liquidation of the estate and jointly appointed C. and D. as official liquidators. The liquidators issued a directive obligating A. Trust Ltd. to submit documents and provide information. A. Trust Ltd. filed a complaint against this directive, which was initially upheld by the Finance Department of the Canton of Schaffhausen, but then overturned by the High Court of the Canton of Schaffhausen.
A. Trust Ltd. then filed a constitutional appeal with the Federal Supreme Court, requesting the annulment of the High Court's decision.
Considerations
The Federal Supreme Court initially held that the position of the estate liquidator, their rights and duties, including their authority to conduct proceedings, are conclusively regulated by federal civil law. Deviating cantonal provisions violate the derogatory force of federal law.
The estate liquidator has the right to represent and liquidate the estate on their own authority and in their own name. Within the scope of their statutory duties, they are authorized to conduct proceedings and do not act as a representative of the Inheritance Authority or the public entity.
Furthermore, the Federal Supreme Court…