Facts
On 16 March 2006, [A.] (born 1924) made a public last will and testament, in which she appointed the [X.] Foundation as the sole heir. Additionally, she bequeathed her niece [Y.] a riding stable in [C.] and a cash legacy of 2 million Swiss francs.
On 7 January 2007, [A.] handwrote a document in which she stipulated that the properties in [E.] should "remain" with [Y.] and her husband [Z.] . [A.] passed away on 30 July 2007.
The [X.] Foundation sued [Y.] and [Z.] to have the document dated 7 January 2007 declared as not constituting a valid last will and testament. Alternatively, it should be declared invalid. The District Court of Baden dismissed the claim, which was confirmed by the High Court of the Canton of Aargau.
Considerations
The Federal Supreme Court considers the High Court's interpretation to be permissible. Even though the wording of the document dated 7 January 2007 is not unambiguous, the High Court was entitled to conclude, taking into account the circumstances and the history of its creation, that the testatrix had made a formally valid last will and testament.
The Federal Supreme Court sees no violation of the burden of proof rules under Art. 8 CC. The question of whether a will exists in…