Facts
E., a German citizen domiciled in Ticino, passed away in Germany on August 8, 1994. In a public will dated August 1 of the previous year, the deceased named A., a resident of Germany, as the sole heir and confirmed that she had been informed of the daughter B.'s, also a resident of Germany, right to the compulsory portion. B. has brought an action for reduction against the heir A., claiming the right to the compulsory portion according to Swiss law.
The Appellate Court of the Canton of Ticino decided that the succession is governed by Swiss law, as the deceased had not validly expressed a professio iuris in favor of German law. A. has filed an appeal for reform with the Federal Tribunal, requesting the application of German law.
Considerations
The Federal Tribunal has upheld the appeal, considering that the deceased had validly expressed the will to subject her succession to German law.
According to the Tribunal, Art. 90 para. 2 of the Federal Act on Private International Law (LDIP) allows the testator to subject the succession to one of his national laws, even implicitly, provided that the text of the testamentary disposition contains sufficient indications to that effect. In the present case, the will was drawn up in Germany by a German…