Dismissal of the Request to Annul Donations Made by the Deceased to his Spouse

Facts

This case concerns a succession dispute between the thirteen children of the deceased O. and the widow P. The children brought an action to reduce donations made by O. to P. during his lifetime, invoking Art. 494 para. 3 of the Swiss CC. The Regional Court dismissed their claim, considering that the children had failed to prove the deceased's intention to harm. The Cantonal Court partially upheld the children's appeal, finding that the deceased had acted with at least eventual intent. The FC ultimately dismissed the claim, considering that the proof of the deceased's intention to harm was not provided.

Considerations

According to case law, when the inheritance pact does not exclude donations, the intention of the de cujus to harm the heirs instituted by this pact must be proven. Eventual intent is not sufficient. Proving this intention to harm is difficult, as it is a subjective element. However, it can be inferred from factors such as the importance of the donations and their chronology.

In this case, the FC considers that the donations made by the deceased in favor of his spouse, although…