Key legal question
Whether Swiss courts had jurisdiction under Art. 88 PILA for inheritance claims despite no assets being in Switzerland when the action was filed.
Extracted holding
Swiss jurisdiction under Art. 88 PILA requires assets to be present in Switzerland when the action is filed; this was not shown.
Extracted reasoning
The subsidiary place-of-situs jurisdiction aims to avoid a legal vacuum for assets located in Switzerland. The relevant moment is the filing of the action, analogously to property disputes under Art. 98 PILA. The alleged claims were not be located in Switzerland, and no sufficient basis for emergency jurisdiction under Art. 3 PILA was shown.