A will is a vital legal document where you outline your wishes for asset distribution or protecting loved ones after your passing. As the testator, you retain full control to amend or revoke it while alive. Even a will written years ago can be challenged by heirs in rare, specific cases—but only through formal court proceedings.
A will allows the testator—any adult or minor over 16 with sufficient mental capacity and legal ability—to specify how their estate should be handled post-death. It primarily concerns the testator's assets, not a spouse's.
Typically, it details the transfer of property like homes, land, vehicles, furniture, or artwork to named beneficiaries, known as legatees.
You can also appoint an executor to enforce your wishes, address organ donation, funeral preferences, guardianship for children, or even acknowledge a child.
Wills must be written. A holographic will is handwritten, dated, and signed by you—no cost involved. Keep it safe or deposit it with a notary, and inform a trusted person of its existence to ensure it's found.
Alternatively, an authentic will is prepared with a notary (and two witnesses or another notary), incurring fees. Note: Recognition of a child requires an authentic will.
Whether depositing a holographic will (for custody fees) or creating an authentic one, the notary registers it in the Central File of Last Wills (FCDDV) within three months of death to confirm its existence.
A will activates only upon death, so you can revise, partially change, or revoke it anytime while living. A new will supersedes any prior version.
Destroy a holographic will outright. For an authentic will, file a notarized declaration of changed intent.
Heirs can seek judicial annulment via a bailiff's summons in limited scenarios.
First, if legatees fail obligations in the will—like paying an annuity—the heirs have five years from the breach to sue in judicial or local court. The judge decides if cancellation is warranted.
Second, for "ingratitude" by legatees—involving attempted murder, offenses, insults, severe abuse against heirs, or grave harm to their memory—heirs have one year from the facts to petition the court.
