Facts
On June 8, 2006, [A.] drafted a document titled "Family Foundation", which was also signed by his deceased wife [D.] . On December 11, 2006, [A.] submitted this document as a "declaration of intent with the status of a will". Thereupon, the two sons [B.] and [C.] filed an action for nullity pursuant to Art. 520 CC.
The District Court [E.] ruled in its judgment of October 16, 2007 that the "will" of June 8, 2006 was invalid. The appeal filed by [A.] against this was dismissed by the High Court of the Canton of Aargau on March 3, 2009.
Against this judgment, [A.] filed a "constitutional appeal" on April 11, 2009, requesting the annulment of the judgment and dismissal of the action.
Considerations
The Federal Court concluded that the cantonal instances had correctly applied the relevant norms (Art. 505 para. 1 and Art. 81 para. 1 CC). It was neither a valid will, as it was not handwritten by the testator, nor a valid establishment of a foundation inter vivos, as this requires a public notarization by a notary.
The appellant's argument that it was an emergency will, as his wife had expressed her will to witnesses on her deathbed, also did not convince the Federal Court. According to Art. 507 para. 1 CC, an emergency will additionally requires that a witness immediately records the oral…