Facts
The late K.X., who died in 1970, left behind his spouse L.X.-Y. and four sons M., N., O. and P.X. As the holder of parental authority over her still underage sons, L.X.-Y. concluded an "inheritance purchase" contract in 1979 with the parents of the deceased husband, R. and S.X.-Z. In this contract, the four sons waived their statutory inheritance rights in exchange for a lump-sum payment of 1 million Swiss francs.
After the deaths of R.X. in 1988 and S.X.-Z. in 1988, M., N., O. and P.X. filed a lawsuit to declare the inheritance purchase contract and the corresponding provisions in R.X.'s will invalid. The Cantonal Court granted the claim, whereupon the defendants appealed to the Federal Supreme Court.
Considerations
The Federal Supreme Court confirmed the decision of the lower court. It stated that according to Art. 306 para. 2 and Art. 392 no. 2 of the Swiss Civil Code, there was a conflict of interest between the mother as the legal representative and her children. On the one hand, the children had a short-term interest in the lump-sum payment, and on the other hand, a long-term interest in the highest possible inheritance. The mother, as the person obliged to provide maintenance, had her own interest in the relief of her maintenance obligation through the receipt of the…