Compulsory Share Calculation Includes Inheritance Advances

Art. 474 ZGB, Art. 474 Abs. 1 ZGB, Art. 604 ZGB, Art. 475 i.V.m; Compulsory Share Calculation Includes Inheritance Advances: 474 of the Civil Code, any advance payments of inheritance received by the heirs must be added back to the estate's assets, regardless of whether the advances were equal or unequal or whether they triggered a duty of equalization. The court reasoned that these advances are treated as advance partial distributions of the inheritance share and must be included in the total estate valuation that forms the basis for calculating the compulsory shares. This inclusion is distinct from the equalization duty and is necessary to determine if the testator exceeded their disposal power by making a bequest to a non-heir, as the heirs were already accounted for receiving their respective advance payments against their due shares.