Facts
The deceased had bequeathed his assets to his son and his granddaughter, who was the only child of his deceased daughter from 1985. In his will dated July 30, 1987, the deceased had exempted his two children from the obligation to report the donations he had made to them during his lifetime. The granddaughter, as a compulsory heir, challenged the validity of the will and requested a reduction of the donations made by the deceased to his son. She argued that the deceased had sold certain properties to his son at a price far below their actual value. The cantonal courts rejected the request. The Federal Tribunal confirms this rejection.Considerations
According to case law, a reduction under Art. 527 para. 1 CC requires the existence of a donation within the meaning of Art. 626 para. 2 CC, which implies not only an objective element (significant disproportion between the performance and the consideration), but also a subjective element (liberal intention of the disposer). In the present case, the Federal Tribunal considers that the deceased had expressly exempted his heirs from the obligation to report, which excludes the reduction. Even if a significant disproportion between the sale price and the actual value of the properties were established, the absence of the deceased's liberal intention, as found by the cantonal courts, prevents the reduction.
The Federal Tribunal maintains its case law according to which the liberal…