Facts
The case concerns the issuance of a "certificate of executorship" after the death of Mrs. A. V.-G. In her will, she had appointed Dr. [L.], a notary, or his deputy or successor as the executor of her estate. Since Dr. [L.] had already passed away at the time of the inheritance, Dr. St., who had been in a joint office with Dr. [L.], agreed to take on the role of the executor. However, the Probate Office rejected the issuance of the corresponding certificate, as one of the heirs, F. V., had disputed the validity of the will.
Dr. St. then filed a complaint with the Government Council, which, however, rejected the complaint. Against this decision, Dr. St. filed an administrative court appeal, which was partially upheld by the cantonal administrative court. The administrative court instructed the Probate Office to issue a certificate of executorship to Dr. St., but with the reservation of the disputed points.
Against this decision of the administrative court, the heir F. V. filed a nullity appeal with the Federal Court, requesting that the judgment be set aside and that Dr. St.'s application for the determination of his status as executor be referred to the ordinary civil courts.
Considerations
The Federal Court dismissed the nullity appeal. It stated that the issuance of a certificate of executorship is a civil matter that can be the subject of a nullity appeal, but it is not a civil dispute within the meaning of an appeal to the Federal Court. The heir F. V. was therefore entitled to file a complaint under Art. 68 et seq. OG.
The Federal Court essentially considered the contested decision of the administrative court to be admissible. It is a matter of cantonal law which authority is responsible for the issuance of a certificate of executorship. However, the certificate must note the dispute over the validity of the will and the intended…