Facts
Around the year 1970, the Swedish national E. (hereinafter referred to as the testator) opened an account and a securities deposit with Bank S. In 1993, he ordered the termination of the banking relationship and the transfer of all assets to a foundation in Liechtenstein. After the testator's death in 2000, his children from his first marriage demanded information from Bank S. about any assets that could be related to the estate. The bank refused to provide the information, citing banking secrecy.
The children from the first marriage then filed a lawsuit against Bank S. and demanded information about all transactions and circumstances up to the testator's death that could have influenced the estate, in particular the disclosure of documents relating to accounts and transfers. The claim was dismissed in the lower courts.
The plaintiffs filed a federal appeal against the decision of the Cantonal Court of Zurich.
Considerations
The Federal Court examined whether the plaintiffs, as the testator's legal successors, had a contractual right to information against Bank S.
The court concluded that there was a contractual relationship between the testator and Bank S. regarding deposits or transfers made by the testator in favor of the Liechtenstein foundations. Consequently, the testator and, as his legal successors, the plaintiffs were…