Facts
The case concerns the validity of a holographic will in which the place of execution "Kriens" and the date of execution "10 March 1986" are stated, although the testator had already died on 8 March 1986.
The legal heirs have sued for the invalidity of the will due to formal defects. The courts of Lucerne have dismissed the claim, as they considered the defects to be remedied by interpreting the will document and taking into account factual circumstances outside the document.
Considerations
The Federal Court first examines the previous case law on the formal requirements for holographic wills under Art. 505 para. 1 of the Swiss Civil Code (ZGB). According to this, it was previously required that all legally required information, including the place and time of execution, must be correct in content. Otherwise, the will could be challenged due to a formal defect.
However, the Federal Court sees reason to reconsider this strict case law. It applies the principle of "favor testamenti" also to the forms of disposition and allows that an admittedly incorrect date does not lead to the invalidity of the will if the defect is not based on the intention of the…