Erbteilungsbegehren unter Berücksichtigung von BGE 143 III 425

On the occasion of BGE 143 III 425, the Federal Court addressed the question of how to proceed with the distribution of the estate division substrate, provided that the individual heirs have neither statutory preferential rights nor a testamentary division order has been issued. The Federal Court concluded that a judicial discretionary decision could not be applied. Since then, legal scholars have been striving to understand the implications of the ruling in both substantive and procedural terms. In this context, there is also discussion about the consequences that the decision in question has on the formulation of inheritance division requests. This paper attempts to delve deeper into the question of how the party applications should be drafted in the context of the inheritance division lawsuit.