Renunciation of the Estate by the Legal Heirs

Facts

X. holds a certificate of loss of seizure against Z. for CHF 223,177.-. The debtor subsequently raised an objection to the debt collection proceedings. On July 5, 2006, X. obtained provisional enforcement. The District Court of Zurich dismissed the action for annulment on October 8, 2010. On January 12, 2007, X. requested provisional seizure, which became definitive on April 17, 2007.

Z. passed away in 2011 and left as legal heirs the mother V. and the sister Y., who is under guardianship pursuant to Art. 392 No. 1 and Art. 393 No. 2 of the former Swiss Civil Code (aZGB). The will was opened on August 10, 2011. By judgment of September 2, 2011, the District Court of Zurich provided the legal heirs with a copy of the will. By judgment of December 20, 2011, it was determined that V. had renounced the inheritance. Furthermore, based on Art. 553 para. 1 No. 1 of the Swiss Civil Code (ZGB), the compilation of an inventory of the estate was ordered.

On April 2, 2012, the guardianship authority of the city of A. compiled the inventory on behalf of the ward Y. and forwarded it to the District Council of Zurich. On May 7, 2012, the guardian applied to the guardianship authority for approval to renounce the inheritance. On June 21, 2012, he declared the renunciation of the estate on behalf of the ward before the District Court of Zurich, Single Court for Inheritance Matters, subject to approval by the supervisory authority. On August 28, 2012, the guardianship authority applied to the District Council for approval of the renunciation, which was granted on September 20, 2012.

Considerations

The District Court of Zurich, Single Court for Inheritance Matters, by judgment of September 24, 2012, recorded the renunciation in accordance with Art. 570 para. 3 of the Swiss Civil Code (ZGB). It considered that the declaration of June 21, 2012 complied with the three-month renunciation period under Art. 568 of the Swiss Civil Code (ZGB) starting from the compilation of the estate inventory on April 2, 2012, and found that all legal heirs had thus renounced the inheritance.

Against this…