Facts

The late [B.] (testatrix), born in 1956, passed away on 18 April 2023. In her holographic last will and testament dated 4 January 2023, she appointed her great-nieces [C.] (born 2012) and [D.] (born 2010) as heirs and added: "The sole administrator is [A.] ". [A.] is the testatrix's niece and the mother of [C.] and [D.] .

The District Court of Meilen opened the last will and testament and determined that the appointed heirs shall carry out the division of the estate and the payment of the legacies. [A.] appealed and requested to be appointed as the executor. The High Court of the Canton of Zurich dismissed the appeal.

[A.] (the complainant) subsequently filed a complaint with the Federal Supreme Court. She argued that the testatrix intended to appoint her as the executor, which the High Court had wrongly denied.

Considerations

The Federal Supreme Court dismissed the complaint. It stated that the probate proceedings only involve a preliminary and non-prejudicial interpretation of the last will and testament, and not a final assessment of the substantive legal situation.…