Question juridique clé
Whether the testatrix had testamentary capacity when the public will was executed on 12 April 2006.
Solution extraite
The court held that the testatrix was capable of understanding and willing the contents of the will, and therefore had testamentary capacity under Art. 16 and Art. 467 ZGB.
Motifs extraits
The appellate factual findings, based mainly on psychiatric expert evidence and witness testimony, showed that despite cognitive impairments the testatrix still understood and intended what was written in the will. The appellant's criticisms of the weighing of evidence did not establish arbitrariness.