Facts
The testator Christian Schmid-Blaser had appointed the Fides Treuhand-Vereinigung as the executor in his will. Some heirs and a bank as the assignee of inheritance claims filed a complaint against Fides and requested its dismissal from the office of executor. They argued that Fides, as the sole member of the board of the Crisanus family foundation established by the testator, was in an irreconcilable conflict of interest.Considerations
The Cantonal Court Presidency of Graubünden upheld the complaint and relieved Fides of the office of executor. The Federal Supreme Court stated that, in principle, the supervisory authority can dismiss an executor due to incapacity or gross dereliction of duty, which is an administrative measure. However, if the reason for dismissal lies in a conflict of interest created or known to the testator, it is a civil dispute to be decided in an adversarial procedure, in which the executor has party status. Since the testator had appointed Fides both as the…