Facts
Sisters W. and X. are the daughters of the deceased Brazilian nationals S. and T. The parents held a joint account/deposit with Bank Y. SA in A., which was settled in 1999 and 2000 respectively. In 2004, W. filed a lawsuit against X. and the Bank (now Z. AG) for disclosure of the parents' assets in Switzerland, as well as for the determination and division of the estates. The District Court partially obliged the defendants to provide information, whereupon both sides filed appeals. The High Court of the Canton of Zurich did not enter into the appeal of X. against the non-entry decision regarding international jurisdiction and obliged X. to provide information.
Considerations
The Federal Court partially upholds the appeal of X. It finds that the Federal Court judgment of 30 May 2008 only clarified the jurisdiction for requests for information, but not for other inheritance claims. The High Court must therefore examine the plea of lack of jurisdiction for claims other than information claims.
The appeal of Bank Z. AG against the obligation to provide information is, however, dismissed. The High Court has rightly decided…