Facts
The testator [E.] was born on 18 May 1900 and had been a widow since 1943. She lived alone in her single-family home in [H.] , municipality of [B.] , and owned a multi-family home in [G.] , securities, and cash assets. On 10 July 1985, she publicly documented her last will and bequeathed her property in [G.] to [C.] and the single-family home in [H.] to the municipality of [B.] . She appointed the municipality of [B.] as her heir if she did not make separate provisions for the remaining assets at a later time.
In 1988, [E.] was supported by two neighbors and cared for by her family doctor, Dr. [O.] . Due to increasing forgetfulness and confusion, the family doctor ordered regular care by the community nurse and informed the guardianship authority. [A.] , an employee of the public guardianship office, helped with the care of [E.] and ensured the purchase of clothes and bedding as well as regular meals.
On 28 September 1988, [E.] , accompanied by [A.] , publicly documented her last will and appointed [A.] as her sole heir. [E.] died on 4 December 1990.
The District Court [I.] declared the public last will of 28 September 1988 invalid, as the testator had lacked capacity. The Cantonal Court of Schwyz dismissed [A.] 's appeal and shared the opinion that the testator was not capable of making a will.
Considerations
The Federal Court examined [A.] 's appeal and came to the conclusion that the testator was incapable due to her dementia and the associated impairment of her cognitive and voluntary abilities. The court relied on an expert opinion that proved the testator's mental disorder and its impact on the creation of the…