Facts
The case concerns the estate of Elise Marbach, who appointed her cousin Agatha Marbach as the universal heir in her will dated 22 December 1964. After the death of Elise Marbach on 1 April 1967, Agatha Marbach signed a declaration on 18 October 1967 in which she renounced the testamentary succession and was content with her legal succession rights. This declaration was interpreted by the lower court as a transfer of succession rights within the meaning of Art. 635 para. 1 CC, accepted by certain legal heirs. The other legal heirs then filed an action to establish their succession rights.Considerations
The Federal Tribunal considered that the declaration signed by Agatha Marbach did indeed constitute an offer to transfer succession rights within the meaning of Art. 635 para. 1 CC, even if it was initially presented as a renunciation. This offer was validly accepted by the legal heirs represented by two of them, even though they did not have an express mandate. The Federal Tribunal ruled that the subsequent conduct of all the legal heirs, who invoked…