Facts
The plaintiff [A.] was the life partner of [D.] , who died on xx.xx.2015. The deceased had made several last wills, including a will dated 17 March 2013, in which he appointed the plaintiff as the heir of the freely disposable quota, and a will dated 9 February 2015, in which he set his children to the compulsory share and designated a new executor.
The plaintiff sued the deceased's children for division of the estate and claimed that she was the deceased's appointed heir and, to the extent of the available quota, a participant in the estate due to the deceased's last wills. The District Court and the Cantonal Court dismissed the lawsuit, as they were of the opinion that the will of 9 February 2015 had revoked the earlier wills.
Considerations
The Federal Court examined the interpretation of the deceased's last wills and came to the conclusion that the will of 9 February 2015 had revoked the earlier wills. The court based its decision on the statutory presumption of Art. 511 para. 1 CC, according to which a later last will revokes an earlier one if it is not explicitly designated as a supplement.
The Federal Court also rejected the plaintiff's complaint that the Cantonal Court had incorrectly distributed the burden of proof. The court found that the plaintiff bore the burden of proof that the will of 9 February 2015…