Facts
Spouses Paul and Eva Weiland-Saladin have been living separately since the wife unsuccessfully attempted to obtain a divorce in 1963. Despite court orders, the wife has refused to return to her husband. Eva Weiland-Saladin's father, Hans Benno Saladin, provided in a testamentary codicil that the third of his estate accruing to his daughter, who has waived her forced heirship rights, be attributed to her exclusively. Eva Weiland-Saladin has waived by inheritance contract her forced heirship share in the future estates of her parents. After the death of Hans Benno Saladin, Paul Weiland requested the District Court of Zurich to order the heirs of Hans Saladin to deposit with the court all of the deceased's last wills and testaments for official opening, pursuant to Art. 556 CC. The District Court granted the request, and the Cantonal High Court of Zurich upheld this judgment.Considerations
The Federal Tribunal considers that the decision ordering the communication of the wills does not constitute a civil dispute within the meaning of Art. 44 FJA, but a mere precautionary measure falling under the non-contentious jurisdiction. Indeed, Art. 556 CC, which prescribes the immediate deposit of the last wills and…