Legislator Case Law & Legislation
19 06 1 1 • KG LU 19 06 1 1 AI generated

Issuance of Inheritance Certificate Without Naming All Heirs

Case Number 19 06 1 1
Court / Authority
Jurisdiction Switzerland · Canton of Lucerne (CH-LU)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

Following the death of a husband whose surviving spouse was entitled to the entire estate due to a matrimonial property agreement, the issuing authority improperly granted the widow a certificate of inheritance listing her as the sole heir, despite the existence of collateral heirs. The court reasoned that an inheritance certificate, even if provisionally issued under the condition of a potential inheritance lawsuit, must list all existing heirs, and since the certificate failed to name the statutory heirs, it was factually flawed and therefore subject to mandatory recall by the competent authority.

Legislator headnote

AI generated

Art. 559 ZGB, Art. 560 ZGB, Art. 559 Abs. 1 ZGB; Issuance of Inheritance Certificate Without Naming All Heirs: The court reasoned that an inheritance certificate, even if provisionally issued under the condition of a potential inheritance lawsuit, must list all existing heirs, and since the certificate failed to name the statutory heirs, it was factually flawed and therefore subject to mandatory recall by the competent authority.

Keywords

AI generated
certificate of inheritance death of spouse death grant matrimonial property right to know one's descendants assignment of estate claims

Cited Legislation

AI generated
AI generated

Key legal questions extracted by Legislator

AI generated
Art. 559 ZGB

Cited in the lead for the core issue of recovering the certificate of inheritance when not all heirs are listed.

Art. 560 ZGB

Cited in the reasoning section (4.2.1.) to explain the acquisition of the inheritance by law, providing context for the purpose of the certificate of inheritance regulated in Art. 559 ZGB.

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Full text

Rechtsprechung Luzern

Instanz: · Obergericht Abteilung: · I. Kammer Rechtsgebiet: · Zivilrecht Entscheiddatum: · 22.05.2006 Fallnummer: · 19 06 1.1 LGVE: · 2006 I Nr. 10 Leitsatz: · Art. 559 ZGB. Rückforderung einer Erbbescheinigung, wenn nicht alle Erben aufgeführt sind. Rechtskraft: · Diese Entscheidung ist rechtskräftig.