Questione giuridica chiave
Whether the appeal against the peace judge’s decision was admissible in place of an action to annul testamentary dispositions.
Decisione estratta
No. The appellants were in substance contesting testamentary dispositions of 13 April 2015, which must be brought as an action in annulment under the Civil Code, not by appeal.
Motivazione estratta
The court held that the act of 9 March 2016 sought to attack the deceased’s dispositions for cause of death. Such a claim falls under Arts. 519 ff. CC and cannot be pursued within an appeal. As no special cantonal jurisdiction applied, the competent authority was the president of the district court under Art. 96e LOJV.