Facts
On June 7, 1939, the testator E.R. and G.M. were married in Berlin. They later emigrated to Brazil and acquired Brazilian citizenship. On February 3, 1959, they were divorced by a Brazilian "desquite" (legal separation). E.R. passed away on July 11, 1978 in Switzerland, where he had last resided. In two wills, he had appointed his companion B. as the sole heir.
G.M., as the divorced wife, filed a claim for allocation of her compulsory portion of the estate of her deceased husband. The Federal Court had to decide whether G.M. should be considered a surviving spouse within the meaning of Art. 462 of the Swiss Civil Code (ZGB) despite the Brazilian "desquite" and thus be entitled to inherit.
Considerations
The Federal Court concluded that G.M. cannot be considered a surviving spouse within the meaning of Art. 462 ZGB despite the Brazilian "desquite". Although the marriage bond formally remains under Brazilian law and remarriage is excluded, the "desquite" entails far-reaching legal consequences beyond a mere separation,…