Revocation of the official liquidation of an estate due to the nullity of the consent decisions

Facts

The appellant [X.] , the sister of [C.] , who died on 24 November 2007, challenged the order of the official liquidation of the estate by the President of the District Court of [B.] of 12 March 2008. The appellant argued that she had not waived the estate and that the consent decisions of the Adult and Child Protection Commission of the city of [E.] and the Governor of [E.] had not been properly served.

The High Court of the Canton of Lucerne dismissed the appeal and confirmed the decision of the President of the District Court. The appellant filed a complaint in civil matters and requested the revocation of the decision of the High Court.

Considerations

The Federal Court held that the consent decisions of the Adult and Child Protection Commission of the city of [E.] and the Governor of [E.] had not been properly served and were therefore null and void. The order of the official liquidation by the President of the District Court of [B.] was thus based on ineffective legal acts and was itself null and void.

The Federal Court found that the appellant had been violated in her right to be heard due to the improper service of the consent decisions. The…