Judgment on the Interpretation of a Will with a Condition for the Use of a Property as a Kindergarten

Facts

The 86-year-old X. passed away and left his siblings and their descendants as legal heirs. In his handwritten will, he included the following bequest:

"The Reformed Church Congregation [S.] could occupy the property Land Registry No. 596 for the price of CHF 150,000 as a kindergarten. Otherwise, for my relatives."

The Church Congregation [S.] and the heirs of X. agreed that the Church Congregation could take over the property if it paid the purchase price of CHF 150,000, obtained a commitment from the building authorities for the change of use to a kindergarten, and provided a binding declaration of intent to operate a kindergarten permanently. The Church Congregation fulfilled these conditions and demanded the transfer of ownership, which the heirs rejected.

Considerations

The Federal Supreme Court decided that the obligation of the Church Congregation to use the property as a kindergarten is a condition and not a condition precedent. There is no presumption as to whether it is a condition or a condition precedent. Rather, this must be determined by interpreting the will.

The wording "as a…