Facts
The Compensation Fund Lucerne demanded that the appellants K. and O., the descendants of the deceased A., reimburse the wrongfully received supplementary benefits to the Old Age and Survivors' Insurance (AHV) in the amount of CHF 20,795. A. had appointed his life partner as the sole heir in his will, which was accepted by K. and O. The Division of Inheritance later determined a higher surplus of assets in the estate, whereupon the Compensation Fund ordered the reimbursement.
The Administrative Court of the Canton of Lucerne dismissed the appeals of K. and O. against the reimbursement orders, as both had not renounced the inheritance.
K. and O. then filed appeals in public law matters with the Federal Supreme Court, requesting the reversal of the lower court's decisions.
Considerations
The Federal Supreme Court upholds the appeals. It states that while K. and O. are the statutory heirs of the decedent, they have lost this status because they did not challenge the appointment of the life partner as the sole heir.
According to the Civil Code, the testator can disinherit an heir if the heir has committed a serious criminal offense against the testator or a person close to the testator, or has seriously violated their family law obligations. If the disinheritance is without stating a reason or the reason is not justified, the disinherited person can challenge the disposition by means of a reduction claim.
In the present…