Facts
This case concerns a succession dispute between the children of a married couple under the regime of participation in acquired property. In 1974, the spouses concluded a marriage contract providing that the husband would not receive any share of the benefit if his wife died before him. After the death of the wife, who had appointed their son B. as sole heir, the husband died in turn, leaving his son B. and his daughter K. (from a previous marriage) as legal heirs. The husband's will provided that daughter K. would receive 3/8 of the estate and son B. 5/8. In the context of the succession distribution proceedings, K. contested the clause in the marriage contract allocating the entire benefit to son B. and requested a reduction of this provision.Considerations
The Federal Tribunal dismissed son B.'s appeal. The Court considered that the husband's renunciation, by marriage contract, of his share of the benefit constituted an alienation of assets within the meaning of Art. 527 para. 4 CC. Although the husband's death occurred after that of his wife, the Tribunal held that the husband's renunciation of his right to the benefit became effective at…