Questione giuridica chiave
Whether the handwritten will dated 26 April 2003 had to be annulled because the date was inaccurate and the true date could not be established otherwise.
Decisione estratta
Yes. Under Swiss law, an inaccurate date in a handwritten will leads to annulment if the correct date cannot be determined by other means and the date is necessary to assess capacity or the chronological order of wills.
Motivazione estratta
The cantonal court found that the will was not written on 26 April 2003 and that the decisive period for testamentary capacity was limited to 9-15 July 2003. Because the exact date could not be determined otherwise, the prerequisites of Art. 520a CC were met.