Facts
The appellant and the respondents are heirs of the deceased [X.] and his wife [Y.] . The community of heirs also includes the collective company Gebrüder [X.] , which operates the Hotel [P.] . In 2000, the daughters of the spouses sued for division of the estate and reached an agreement with the other heirs on the amount of the estates and the shares of inheritance. The settlement decision of November 20, 2001, lists the assets and liabilities of the estates without explicitly mentioning the Hotel [P.] or the hotel property.
In 2007, respondents 1-3 applied for real division of the estates and requested the instruction of the heir's representative to pay certain amounts. The appellant objected that only the assets listed in the settlement decision could be included in the real division and that the Hotel [P.] and the hotel property did not belong to them.
The Cantonal Court dismissed the appellant's appeal and decided that the collective company and its assets were part of the estate and could be included in the real division.
Considerations
The Federal Court dismissed the appellant's appeal. It found that the collective company and its assets were part of the estate and could be included in the real division. The court also decided that the requirements for substantiating the division of the estate claim were met and that respondents 1-3 had sufficiently justified their requests.
The…