The Testator, "The Lady Of The Castle" And The "People" Or Who Is Legitimized To Enforce The Testator's Will?

• Published date: 04 April 2024
• Subject Matter: Family and Matrimonial, Wills/ Intestacy/ Estate Planning
• Law Firm: Staiger Attorneys at Law
• Author: Michael Lüdi

In the current issue of AJP (AJP 6/2023), our colleague, attorney Dr. Michael Lüdi, certified specialist SBA inheritance law, deals with the Federal Supreme Court decision BGer 5A_90/2022, dated November 11, 2022 (and the preceding cantonal case law). In particular, he examines the question of who is legitimated to demand the execution of testamentary burdens (and within what period). In doing so, he also examines the requirements for the definiteness of testamentary burdens and the question of whether "permanent burdens" are permissible or not.

Michael Lüdi, Der Erblasser, 'die...