Jugement Kantonsgericht (VD - HC/2020/288)

Canton:	VD
Case number:	HC/2020/288

Instance:	Kantonsgericht
Department:	Chambre des recours civile

Kantonsgericht Entscheid HC/2020/288 vom 06.04.2020 (VD)

Date:	06.04.2020
Force of law:	-

Summary:	The heirs A.A. and N.A. had appealed against the certificate of inheritance of the judge at the Peace Court of the Riviera-Pays-dEnhaut district. The Court of Appeal confirmed the certificate of inheritance, since A.A. and N.A. could not prove that they have interests worthy of protection in the inheritance. A.A. and N.A. are therefore not heirs of B.A. More detailed summary: B.A. died on December 23, 2019. He left behind his wife C.A., his children A.A. and N.A., as well as his parents D.A. and E.A. On January 29, 2020, the judge at the Peace Court of the Riviera-Pays-dEnhaut district issued a certificate of inheritance, in which C.A. was identified as the sole heiress of B.A. A.A. and N.A. filed an appeal against the certificate of inheritance. They argued that as children of B.A. they were also entitled to inheritance. The Court of Appeal dismissed the appeal. It noted that A.A. and N.A. could not prove that they have interests worthy of protection in the inheritance. A.A. and N.A. are therefore not heirs of B.A. Explaination: The Court of Appeal has confirmed the certificate of inheritance of the judge at the Peace Court, because A.A. and N.A. could not prove that they have legitimate interests in the inheritance. Interests worthy of protection are those that give the heirs a claim to the inheritance. These include, for example, the preservation of family wealth or the care of children. A.A. and N.A. could not prove that they have such an interest. For example, you have not claimed that your rights are violated by the certificate of inheritance of the judge at the Peace Court. Therefore, the Court of Appeal has confirmed the certificate of inheritance and declared A.A. and N.A. as not entitled to inherit.
Rule of Law:	Art. 100 LTF;Art. 11 OR;Art. 256 CPC;Art. 319 CPC;Art. 326 CPC;Art. 559 CC;Art. 656 CC;Art. 74 LTF;Art. 97 LTF;
BGE reference::	-
Comment:	Spühler, Basler Kommentar éd., Art. 319, 2013 Spühler, Basler Kommentar zur ZPO, Art. 321 ZPO ; Art. 311 ZPO, 2017

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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