Facts
The case concerns an inheritance dispute between the executor W. Müller appointed by the testator's will and the statutory heir Bubeck. After the death of the testator Lohbauer, Müller was appointed as the executor and sole heir. However, Bubeck objected to the issuance of the certificate of inheritance to Müller and demanded the order of an official estate administration.
The District Court of Zurich then ordered the official inventory and estate administration, and entrusted a notary with this task instead of the executor Müller. Müller filed an appeal against this order, which was dismissed by the High Court of the Canton of Zurich.
With his appeal to the Federal Supreme Court, Müller requested that the order for official estate administration be waived and that the estate administration be left to him as the testamentary appointed executor. Alternatively, he demanded to be appointed as the official estate administrator.
Considerations
The Federal Supreme Court did not enter into the appeal. It justified this by stating that the order for an estate administration is not to be classified as a civil law dispute, but as an act of voluntary (non-contentious) jurisdiction. The fact that the executor Müller opposed this order and claimed the office of the estate administrator did not change this.
The Federal Supreme Court explained that while the executor was appointed by the testator and has certain powers, he does not have a substantive right of participation in the estate like the heirs.…