Facts
The case concerns a request for restoration of the deadline for renunciation of an inheritance pursuant to Art. 576 of the Swiss Civil Code (ZGB). The heirs of Jean [R.] requested an extension of the renunciation deadline, as they had only learned of the fiduciary substitution in Marie R.'s will through the lawsuit filed by Marie R.'s heirs for the surrender of Jean R.'s estate. The Justice of the Peace of the Canton of Geneva rejected the request.
Marie [R.] had died on July 24, 1979 and had appointed her husband Jean [R.] as the sole heir in her will dated August 29, 1945. However, she had expressed the wish that after the death of her husband, the assets "belonging to her" should go to her nieces and nephews B. Jean [R.] died on May 11, 1987 without a will. On December 16, 1987, the nieces and nephews of Marie [R.] filed a lawsuit against the heirs of Jean [R.] for the surrender of the estate.
Considerations
The Federal Court states that the extension or restoration of the renunciation deadline requires proof of an important reason, which is to be assessed according to Art. 4 of the Swiss Civil Code. In the present case, the heirs of Jean [R.] were not aware of the fiduciary substitution in Marie R.'s will, as no measures had been taken under Art. 490 of the Swiss Civil Code, in particular no entry in the land register. From this perspective, the contested decision of the Justice of the Peace to reject the request for restoration of the deadline is untenable and violates the rules of equity.
However, the Federal Court considers the…