The Vaud inheritance saga: a decades-long family conflict ends with a sister’s victory
A family inheritance dispute in the canton of Vaud stretched over more than two decades, ending with the sister being declared the sole heir. The case began in 1989 when a 67-year-old Vaud resident named two children as equal heirs, ensuring there would be no immediate争執 between them. But a decade later, the balance shifted dramatically in favor of the son, and a financial gift was made to the daughter, altering the family’s dynamics for years to come.
1989: A simple start with equal shares
In the original will, the mother divided her estate equally between her two children. This straightforward arrangement kept the peace for a while, with no obvious grounds for dispute. The absence of a clear reason for future changes would, however, prove pivotal as time wore on.
1999: A life-changing revision and a substantial debt
About ten years after the initial designation, the mother amended the will in a way that benefited her son, making him the sole heir. At the same time, a legatee of 210,000 Swiss francs was allocated to the daughter, creating a new and lasting rift between the siblings. Shortly thereafter, the mother also signed a formal debt acknowledgment of 500,000 francs owed to the son, further widening the financial gap within the family.
Under influence and a curatorship that would reshape the case
The daughter would later allege that her mother was under the son’s influence, cut off from close relatives, and managed through a proxy who had already sold one of the woman’s apartments. In 2010, a provisional guardianship (curatelle provisoire) was installed, and the curator subsequently invalidated the debt acknowledgment, challenging the son’s apparent control over his mother’s affairs.
2018: A final note that would fuel later challenges
Shortly before her death at age 96, the mother drafted a last document indicating she would leave even more to her son. The record, however, was not validated through formal channels, leaving the inheritance in a precarious state and setting the stage for renewed contestation after her passing.
2020: The sister fights back, seeking to annul dispositions and question the heir
The sister, concerned by the evolving dispositions and the centuries-old power imbalance, filed a lawsuit to annul her mother’s testamentary dispositions and to declare her brother unworthy of inheritance. The son, determined to keep his advantage, delayed responses and mounted multiple procedural challenges, prolonging the case for years.
2023: A decisive ruling in Vaud and echoes to the federal level
In January 2023, the Vaud courts concluded that the son had exercised psychological and financial control over his mother for years, to her detriment and to his own advantage. The brother was excluded from the succession, and the sister became the sole heir. The Federal Supreme Court did not overturn the verdict, and the brother was ordered to pay 3,000 francs in court costs as part of the ruling process.
Takeaways from a lengthy case
This case highlights the enduring impact of undue influence in family inheritance disputes, especially when elder relatives are vulnerable or isolated. It also underscores the role of guardianship measures in safeguarding the interests of aging parents and ensuring that testamentary dispositions reflect authentic, informed wishes rather than coercion. For observers, the Vaud decision reinforces the principle that long-term manipulation can be scrutinized and corrected through vigilant legal action, even after many years have passed.
