Facts
On January 10, 1977, Emma Louise [M.] created a holographic will, in which she bequeathed Sylvia [R.] a legacy of CHF 80,000. At a later point in time, Emma Louise [M.] struck out this provision. The deletion was made without handwritten indication of place and date, and without a signature.
After the death of Emma Louise [M.] on February 19, 1987, Sylvia [R.] sued the heir Martin S. to have the invalidity of the deletion declared and the legacy paid out. The District Court did not enter into the declaratory action and decided that the legacy was to be paid out. The High Court overturned this decision and dismissed the lawsuit.
Sylvia [R.] then appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court dismissed the appeal. It decided that the handwritten partial deletion of the will is to be considered a revocation within the meaning of Art. 510 of the Swiss Civil Code (ZGB) and is therefore valid even without a signature and indication of place and time.
The Federal Supreme Court explained that the term "document" within the meaning of Art. 510 ZGB encompasses both the writing and its medium. Therefore, the revocation can also be effected by acting on the writing alone, such as by striking out or erasing. Striking out is to be seen as a form of revocation that the legislator has consciously not tied to special formal requirements.
While the waiver of formal requirements…