Facts
In the estate of the deceased S., two testamentary dispositions were found: one dated September 20, 1981 and another dated March 5, 1983, which was supplemented by a "codicil" dated January 2, 1984. The plaintiff M. filed a lawsuit against the wife of S. for the invalidity of the "codicil" dated January 2, 1984, as it suffered from a formal defect.
The Federal Court confirmed the decision of the cantonal courts, which had upheld M.'s claim. The "codicil" dated January 2, 1984 constituted an independent testamentary disposition that did not meet the formal requirements of Art. 505 para. 1 CC, as the place of execution was not specified.
Considerations
The Federal Court stated that the formal requirements for testamentary dispositions pursuant to Art. 505 para. 1 CC are mandatory. An independent testamentary disposition must be written entirely in the testator's own hand, including the indication of the place, date, and signature.
The fact that the "codicil" dated January 2, 1984 was on the same sheet as the previous disposition dated March 5, 1983, which did specify the place of execution, did not change the…