Facts
On December 24, 1993, Maria X., born on February 2, 1903, passed away, leaving her sister Rosa X. as the sole legal heir. A holographic will written by Maria X. on September 5, 1974, contained provisions regarding the succession, including in favor of her sister. However, on April 5, 1989, Maria X. wrote a new public will, in which she named Reto R. as the sole heir, thus excluding her sister from the succession.
The sister, Rosa X., contested the validity of this public will, arguing that Maria X. was no longer capable of making a will due to her state of health. The district court declared the public will invalid, but the cantonal court overturned this decision. Rosa X. then appealed to the Federal Court.
Considerations
The Federal Court examined the issue of Maria X.'s capacity to make a will at the time of writing the public will. It recalled that the capacity to make a will is a question of fact that must be assessed based on the specific circumstances of each case. The Federal Court considered that Maria X.'s capacity to make a will had to be evaluated based on her general state of health and mental state at the time of writing the public will.
The Federal Court found that Maria X. suffered from a senile psycho-organic syndrome and that her mental state was impaired. It also found that Maria X. had difficulty concentrating and making decisions. The Federal Court concluded that, given these elements, it was likely that Maria X. was no longer capable of making a will at the time of writing the public will.
The Federal Court also examined the issue of…