| Canton: | VD |
| Case number: | HC/2020/222 |
| Instance: | Kantonsgericht |
| Department: | Chambre des recours civile |
| Date: | 11.03.2020 |
| Force of law: | - |
| Summary: | The Chambre des recours civile has annulled the decision of the Justice of the Peace of the Jura-Nord vaudois and the Gros-de-Vaud of 4 February 2020. The two sisters V. and E.________ were recognized as heiresses. The deceased M._______ had decreed in his will that his sister V. should be the sole heiress. The sisters appealed the decision of the justice of the peace, considering that they should both inherit in equal shares. The Chambre des recours civile proved the sisters right and annulled the decision of the justice of the Peace. More detailed summary: The Chambre des recours civile has annulled the decision of the Justice of the Peace of the Jura-Nord vaudois and the Gros-de-Vaud of February 4, 2020, by which the sister of V.________ had been recognized as the sole heiress of the deceased M.________. The two sisters V. and E.________ had challenged the decision, as they believed that they should both inherit in equal shares. The Chambre des recours civile proved the sisters right and annulled the decision of the justice of the Peace. She came to the conclusion that the deceased M.________ had not clearly determined in his will that his sister V. should be the sole heiress. Rather, the wording of the will was such that it could also be interpreted as heiresses in equal parts. The Chambre des recours civile has thus strengthened the rights of the two sisters and ensured that they both inherit equally. |
| Rule of Law: | Art. 100 LTF;Art. 106 CPC;Art. 23 CC;Art. 256 CPC;Art. 28 CPC;Art. 319 CPC;Art. 326 CPC;Art. 538 CC;Art. 551 CC;Art. 74 LTF;Art. 86 LDIP;Art. 92 LTF;Art. 97 LTF; |
| BGE reference:: | - |
| Comment: | - |
Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.
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