Tacit revocation of a will only

This decision provides important insight into your property law. Here is what it changes for you.

The situation

Tacit revocation of a will can only result from the drafting of a new incompatible will, the alienation of the bequeathed property, or the wilful destruction or alteration of the will. The Court of Appeal, which, in order to decide that a testator had revoked the legacy granted to one of his two sons insofar as it concerned a plot of land, stated that the testator had instructed a surveyor and a notary to carry out the necessary formalities for the division of that land between his sons, which had led to the drawing up of various plans, including a division plan and a boundary demarcation report, as well as to the issue of a planning certificate stating the proposed division, and that he had bequeathed by notarial deed to his other son the second plot included in the legacy and had, on that occasion, formally expressed his wish to donate the first plot to his two sons by dividing it into two lots, so that he had thereby shown a clear and definitively settled intention to render impossible the execution of the legacy concerning the first plot and to revoke it, violates Articles 1035, 1036 and 1038 of the Civil Code.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly observe the legal time limits for bringing an appeal
• Keep all your supporting documents (title deeds, deeds, letters)
• Anticipate: preventive advice always costs less than litigation

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