Facts
This case concerns the estate of an Italian citizen, C.B., who died in Milan on September 14, 2007, and had his last domicile in the canton of Ticino. In his holographic will dated February 21, 1997, C.B. designated his three children from his first marriage as heirs in equal shares, thus excluding his second wife, B.B. The latter then sent a payment order to bank A. SA to obtain information and documentation concerning the deceased's bank accounts and other banking relationships.
Bank A. SA partially opposed the payment order. After several decisions by the cantonal authorities, the case was referred to the FC, which ultimately upheld the appeal of bank A. SA.
Considerations
The FC first found that, in accordance with Article 17(3) of the Establishment and Consular Convention between Switzerland and Italy, C.B.'s estate was exclusively governed by Swiss law, as he had subjected his estate to the law of that country through a professio juris in his will.
Furthermore, the FC considered that B.B., as the widow completely excluded from the estate by the will, could no longer assert her inheritance rights. Indeed, according to Art. 533(1) CC, the action for reduction of a legal heir completely excluded…