Facts
On 6 July 1973, spouses Elsa and Franz O.-C. concluded a marriage contract approved by the guardianship authority. This contract provided that upon dissolution of the marriage by death, two-thirds of the inheritance share would go to the surviving spouse and one-third to the heirs of the deceased. After the death of Franz O. on 8 August 1985, his two children from a previous marriage initiated an action for the division of the inheritance against his widow. The cantonal instances calculated the inheritance and determined the reserved shares. The widow appealed against this judgment to the Federal Tribunal.Considerations
The Federal Tribunal confirms that the reduction of inheritance can be invoked by the reserved heirs, even in the context of an inheritance division lawsuit, regardless of the allocation of the parties' roles. The case law accepts that the contractual attribution of the benefit of the marital union to the surviving spouse is subject to reduction to the extent that it infringes on the reserved rights of the descendants.
Regarding the other liberalities made by the deceased (life insurance policy, savings account), the Federal Tribunal considers that they are subject to reduction, whether these attributions were made in execution of a moral duty or as a donation. This case law, which…