What happens if an inheritance is disclaimed but a surplus remains after the bankruptcy realisation?
The Federal Supreme Court had to decide how CHF 80’000 should be distributed if the inheritance had been waived by all heirs but a residual amount remained after realisation.
In this case, a testator bequeathed his entire estate to his nephew. He had no children and no wife, only siblings and a half-sister. All the heirs rejected the inheritance.
The district court distributed the surplus among the legal heirs – the siblings. The nephew took his claim for the CHF 80’000 to the Federal Supreme Court and was found in favour. The court ruled that if the testator had appointed an heir in the will, there was no reason to appoint other heirs who were not protected by the compulsory portion. The will of the testator must be fulfilled. (Source: BGE 5A_961/2022 of 11.5.2023)