Facts
The case concerns the dispute between the two sisters Hedwig P. and Suzanne R. regarding the estate of their sister Mathilde R., who died on April 9, 1966 in Basel. On July 8, 1961, Mathilde R. had concluded a succession pact with her mother Berta R., in which she had notably provided that her two sisters would be her sole legal heirs. However, on December 3, 1965, Mathilde R. drafted a will in which she appointed her sister Hedwig P. as the sole heir. After Mathilde R.'s death, Suzanne R. challenged this will on the grounds that it was contrary to the previously concluded succession pact.
Considerations
The Federal Court ruled that the will of December 3, 1965 could not be challenged on the basis of Art. 494 para. 3 CC, as the contested provision of the succession pact of July 8, 1961 did not contain any contractual clauses, but constituted a testamentary disposition that was freely revocable under Art. 509 CC.
Furthermore, the Court considered that the action for contesting was in any case time-barred, whether under Arts. 521 and 533 CC. Indeed, Suzanne R. had been aware of the will since July 1966…