Nun becomes problem in pursuit of money and property. "She must watch as her assets are managed by strangers"

 Sister Scolastica loses fight for private assets in Cantonal Court

The Cantonal Court of Appenzell Innerrhoden has dismissed the appeal of Sister Scolastica Schwizer (81) against the district court's decision. The sponsoring association of the Wonnenstein Monastery does not have to pay out the Capuchin nun's private assets. The association welcomes the ruling, while Sister Scolastica is "very disappointed" and is considering an appeal to the Federal Supreme Court.

Last year, Sister Scolastica Schwizer unsuccessfully demanded the release of her private assets from the Maria Rosengarten Wonnenstein Monastery Association. The amount involved is approximately CHF 56,000 plus interest. Furthermore, the Appenzell Innerrhoden District Court ruled at the time that the nun must transfer her monthly AHV pension of CHF 1,225 to the association, including retroactively. The association has been the sponsor of the Capuchin monastery in Wonnenstein since 2014, where only Scolastica Schwizer, also known as Sister Scholastica, lives.

Second defeat

Now the Capuchin nun has failed again in court. The Cantonal Court of Appenzell Innerrhoden dismissed her appeal on Tuesday and upheld the lower court's ruling of October 22, 2024. She must also pay court costs of CHF 6,000 for a justified decision or CHF 4,000 for an unjustified decision, and pay the association party compensation of approximately CHF 4,960.

A public appeal hearing was not held on Tuesday, "due to a lack of a request from the parties," as senior court clerk Irene Kobler-Bryner told kath.ch in response to a query. The cantonal court therefore ruled "with the consent of the parties, based on the files."

"She must watch as her assets are managed by strangers"

Sister Scolastica is "very disappointed," her lawyer told kath.ch. Because the cantonal court has not yet explained its decision, "we cannot understand how the court reached this conclusion," said Michael Hochstrasser. The ruling effectively means that a sister loses her assets upon entering a monastery, and the monastery determines what happens to them.

The sister no longer has a say. "Even if the monastery (a women's monastery) is run by alumni of a student association (of men), the sister must tolerate this and will not receive her assets back, nor may she appoint another administrator," the lawyer stated. "She must watch as her assets are managed by strange men who pursue goals with which she cannot identify."

The lawyer is referring to the fact that members of the AV Bodania student association are active in the Wonnenstein Monastery Association. Representatives of the St. Clare Federation of Swiss Capuchin Sisters are also members of the board. Sister Scolastica's assets are currently managed by this federation.

Excessive restriction of freedom?

Hochstrasser also mentions a provision in the Civil Code (Article 27), which states that a contract is void if it "excessively" restricts a person's freedom. In the present case, however, the cantonal court is apparently not bothered by the fact that a sister's entire personal assets were taken away; this is not supposed to be excessive. "This is incomprehensible to us," criticizes the lawyer. They will now request a justification and then consider an appeal to the Federal Supreme Court.

In May, the Capuchin nun told kath.ch that, according to canon law, she is not allowed to manage her assets herself, "but can determine who manages my assets." She envisions entrusting this task to a "good acquaintance," a reliable man who had previously been involved in social work.

Association offers "direct dialogue"

The Wonnenstein Monastery Association welcomes the cantonal court's ruling, as stated on the Wonnenstein Monastery website. They are convinced that Sister Scolastica's "problems" cannot be resolved through legal channels. The association offers her "continued direct dialogue."

The conflict between the Capuchin nun and the association, which has been simmering for three years, revolves around more than "just" money. It also concerns the future of the monastery and the whereabouts of Sister Scolastica, who is the last Capuchin nun living there alone. She has so far refused to leave the monastery and move to another monastic community. Church authorities are also involved in the conflict. In May, the nun told kath.ch that a complaint was pending with the Prefect of the Apostolic Signatura.

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