Facts
Martin C., who passed away on March 23, 1979, was first married to Maria P. In her will, Maria C.-P. had granted her husband lifelong usufruct over the entire estate and ordered further legacies to third parties. As the sole protected heir, Maria C.-P. left her husband Martin C.
Martin C. entered into a second marriage with Erika H. in 1976. In his own will, he appointed his second wife as the universal heir. After Martin C.'s death, his second wife Erika C.-H. opposed the distribution of the bequests ordered by Maria C.-P. to the beneficiaries. She claimed that the forced heirship rights of her deceased husband had been violated and that the resulting reduction claim had passed on to her.
Considerations
The Federal Supreme Court dismissed the wife's appeal. It stated that a protected heir does not have to accept a substitution of heir to the extent of his or her forced share, but can claim the forced share as free inheritance, which he or she can then pass on to his or her own heirs. Since the right to a forced share is inheritable, it can also be asserted by the heirs of the predeceased against the substitute heirs.
The Federal Supreme Court concluded that Martin C. had waived the assertion of the reduction claim during his lifetime. This waiver could have been made by a unilateral,…