Facts
The plaintiff, [A.] , is the sole heir of [B.] , who died on xx.xx.2015 in Thailand. [B.] and [A.] had jointly with their sister [C.] initiated an action for division of the estate against [C.] to settle the division of their parents' estate, [D.] and [E.] . The High Court of the Canton of Zurich had established the duty of the plaintiff, [B.] , to provide information about the relationship between the deceased and companies, the payment of the plaintiff's debts by the deceased to third parties, and the living costs of the deceased and the plaintiff.
The plaintiff, [A.] , has continued the appeal of her deceased brother, [B.] , and requests the dismissal of the defendant's, [C.] , requests for information and production of documents. The defendant has requested dismissal or rejection of the appeal.
Considerations
The Federal Court has examined the admissibility of the appeal and found that the appeal is admissible, as it is directed against a judgment of the High Court of the Canton of Zurich, which concerns a civil matter and exceeds the statutory minimum amount of CHF 30,000.--.
The Federal Court has examined the duty to provide information among co-heirs in the division of an estate and found that the heirs must inform each other of everything that is relevant to the equal and fair distribution of the estate. The duty to provide information extends not only to the estate but also to all benefits that are to be offset or are subject to reduction.
The Federal Court has examined the significance of information about the relationship between the deceased and companies for the division of the estate and found that it is sufficient if the fact subject to the duty to provide…