Background: A family, a will, and shifting fortunes in Vaud
In the picturesque canton of Vaud, a family saga began with a simple testament. In 1989, a 67-year-old Vaudoise designated her two children as equal heirs, a setup that seemingly left no room for jealousy or dispute. But the arc of this case would bend dramatically over the following years, revealing how family ties can be strained by power, money, and control.
Initial changes: from equality to a dominant heir
Ten years after the original will, the mother altered her testament in a way that would prove pivotal. Her son became the sole heir, while a leg of 210,000 francs was left to his sister. Compounding the shift, she signed a debt acknowledgment in favor of the son amounting to 500,000 francs. What began as an arrangement among siblings evolved into a contested configuration that would haunt the family for decades.
Under pressure: emergence of influence and financial control
As the years passed, the sister grew increasingly concerned about her mother’s autonomy. By 2010, she reported to the authorities that her mother, now effectively cut off from close relatives, lived under the sway of her brother, who managed her accounts via a power of attorney and had already disposed of one of her flats. A preliminary curatorship was established, and the curator later invalidated the brother’s 500,000-franc debt acknowledgment, signaling the first legal counterweight against the brother’s preferred position.
Near the end of life: an unsigned last will and the delay of justice
In 2018, just before the mother’s death at 96, she drafted a final document indicating even greater bequests to her son. However, this document did not receive formal validation, leaving its effect uncertain and continuing the legal and ethical debate within the family. The sister did not back down, and in 2020 she took the matter to court, seeking to annul the dispositions in favor of her brother and to declare him unworthy of inheritance.
The long road to resolution: a court battle that spans generations
The brother dragged his feet, filing multiple appeals and procedural hurdles, and the proceedings stretched over more than 20 years. Yet in January 2023, Vaud’s judiciary issued a decisive ruling: the brother had exercised psychological and financial control over their mother for years, unjustly favoring himself and harming his sister’s rightful share. The sister was declared the sole heir, while the brother’s case was dismissed on grounds of undue influence and entitlement manipulation. The Federal Court later declined to reinstate the brother’s claims, and he was ordered to pay 3,000 francs in court costs.
What this case reveals about inheritance law in Switzerland
This saga underscores several important themes in Swiss inheritance law. First, it highlights how testamentary dispositions can be questioned when there is evidence of coercion, manipulation, or undue influence, particularly when a caregiver or family member wields control over a vulnerable elder. Second, it demonstrates the role of protective measures like curatorship in safeguarding the elderly and preserving the integrity of estate plans. Finally, it illustrates that even long-running legal battles can produce a clear verdict when credible claims of abuse of power are established, reinforcing the principle that justice can prevail across generations.
Conclusion: a sister’s vindication and a warning for families
The Vaud case ends with a clear message: the court will scrutinize family arrangements that arise under pressure or deceit. The sister’s ultimate recognition as the sole heir demonstrates the importance of timely legal intervention, robust safeguards against manipulation, and rigorous validation of last wishes. For families facing similar disputes, the verdict reinforces vigilance, transparency, and adherence to the rule of law as the best remedies against long-standing conflict.
