Facts
The testatrix, a Brazilian national with last domicile in São Paulo, left assets in Switzerland, France and Brazil. In 1992, she had concluded an inheritance contract with her spouse, in which they mutually appointed each other as sole heirs and stipulated that the surviving spouse must appoint the siblings of the other spouse as heirs. After the death of her spouse, the testatrix made testamentary dispositions in favour of her niece and nephew, which were challenged by the siblings of her spouse.
The Cantonal Court reduced the testatrix's testamentary dispositions to the extent that they violated the heir position of the siblings of the spouse to a total of three quarters of the estate located in Switzerland. The appellants, the testatrix's niece and nephew, appeal this decision to the Federal Supreme Court.
Considerations
Legal Reasoning:
The Federal Supreme Court confirms the decision of the Cantonal Court. It finds that according to the 1992 inheritance contract, Swiss law applies and the surviving spouse was obliged to appoint the siblings of the other spouse as heirs to the entire estate. The testatrix's testamentary dispositions, in which she appointed her niece and nephew as sole heirs, were therefore ineffective to the extent of three quarters of the estate.
The Federal Supreme Court…