Facts

Widow Ilse Schoeller requested that Fides Treuhand-Vereinigung, which was responsible for managing the estate of her late husband, allow her to inspect the files related to the management of her husband's estate prior to his death as well as those related to the management of the succession since his death. Fides objected. After several appeals, the Cantonal Court of Cassation of Zurich ultimately ordered Fides to allow Ms. Schoeller or her authorized representative to inspect:
  • all files related to the management of the estate and affairs of H.-R. Schoeller until his death, which provide information on changes in the value or composition of the estate,
  • all files related to the management of the estate and affairs of the succession since the death of H.-R. Schoeller.

Considerations

The Federal Tribunal considers that Ms. Schoeller's right to inspect the files related to the management of the succession since her husband's death falls under substantive law, particularly the heir's rights provided for in Art. 607…