Facts
On 8 February 2013, [Z.] passed away. In her last will and testament dated 29 August 2012, she confirmed the statutory succession for three of her children, while she deprived her son [X.] (the appellant) of the status of heir and ordered that he should receive his compulsory portion as a legacy. [Y.] (the respondent) was entrusted with the execution of the will.
At the request of [X.] , the Single Court in Probate Matters of the District Court of Horgen ordered the initiation of a public inventory on 12 March 2013. [Y.] opposed this decision and appealed to the High Court of the Canton of Zurich. In its judgment of 17 June 2013, the High Court overturned the lower court's decision and dismissed the request for the initiation of a public inventory in the estate of [Z.] .
[X.] then filed a complaint with the Federal Supreme Court. He requested that the judgment of the High Court be overturned and that the initiation of a public inventory in his mother's estate be approved.
Considerations
The Federal Supreme Court upheld the complaint. It stated that according to established case law, the heir protected by the compulsory portion, who has been excluded from the succession by the testator, is also entitled to demand the initiation of an inventory under Art. 553 CC. The inventory serves to provide the heirs with an overview of the…