Facts
The testatrix [E.A.] passed away in 2015 and left as her legal heirs her three children [B.] , [C.] and [D.] as well as her second husband [A.A.] . In a handwritten testamentary disposition dated 20 January 2012, the testatrix appointed her husband [A.A.] as the sole heir. Her daughter [B.] subsequently filed a claim against [A.A.] and her two siblings with the aim of establishing that she was not effectively disinherited by her mother and participates in the estate as a legal heir. The District Court declared the disinheritance of the plaintiff [B.] to be invalid and awarded her the compulsory portion. Both [B.] and [A.A.] appealed. The High Court of the Canton of Zurich partially upheld the appeal of [B.] and ruled that she participates in the estate to the extent of her compulsory portion as a legal heir.Considerations
The Federal Supreme Court holds that the lower court correctly interpreted the plaintiff [B.] 's claims as a reduction claim pursuant to Art. 522 et seq. CC. [B.] did not demand the invalidity of the testamentary disposition, but merely that she participates in the estate to the extent of her compulsory…