Inheritance Law for Farmers - Usufruct of the Surviving Spouse and Allocation of an Agricultural Enterprise to a Child

Facts

This decision concerns an inheritance dispute regarding the application of Art. 621bis of the Swiss CC (Civil Code) on inheritance law for farmers. The deceased bequeathed the usufruct of his entire estate to his surviving spouse by will, who is neither willing nor able to personally operate an agricultural enterprise that is part of the estate. One of the deceased's children requests that this agricultural enterprise be allocated to him in full at the yield value.

Considerations

The Federal Court emphasizes that according to Art. 621bis CC, an heir who wants to operate an agricultural enterprise that is part of the estate and has the capacity to do so cannot be deprived of this right by will or inheritance contract. This provision aims to prevent the will or inheritance contract from being used to deprive a capable and willing heir of their preferential right to personal operation.

In the present case, as the surviving spouse is neither willing nor able to personally operate the agricultural enterprise, the allocation of the usufruct over it would be contrary to the principle of personal operation. Moreover, this could force the current tenant of the enterprise to terminate the lease, which would also go against this principle.

The Federal Court considers that to achieve the objectives of inheritance law for farmers, it is sufficient to limit the…