Facts
The case concerns the issuance of a certificate of inheritance following the death of D.P., a French national who was resident in Switzerland. In his handwritten will, D.P. had stipulated that his estate should be settled according to French law. His two sons M. and P.P., as well as his illegitimate daughter C., were named as heirs.
The competent Justice of the Peace issued a certificate of inheritance on March 4, 1991, in which the two sons each received one quarter and the daughter one half of the estate. M. and P.P. subsequently filed a complaint with the Cantonal Court of the Canton of Vaud, as they were of the opinion that the Justice of the Peace had incorrectly applied Swiss law instead of the French law specified by their father.
The Cantonal Court dismissed the complaint and confirmed the certificate of inheritance. It reasoned that while French law should generally be applied to the estate, it would violate Swiss public policy due to the discrimination between legitimate and illegitimate children. Therefore, Swiss law should be applied.
M. and P.P. then filed a nullity appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court states that the issuance of a certificate of inheritance under Art. 559 para. 1 CC is an act of voluntary jurisdiction, against which only a nullity appeal, but not an appeal, is generally admissible.
Regarding the information on the shares of the estate…