Le légataire universel a qualité pour

Application pratique:

The 2015 Court of Cassation (France's highest civil court) decision confirms that a universal legatee has standing to bring an action to annul a sale made for payment, under former article 489-1 of the Civil Code. That article covers acts made by a person whose mental faculties were impaired, and the older wording applies to acts made before the law of 5 March 2007. Camille should gather the medical records, the notarial deed of sale and the will, and check her limitation period (the time limit for suing) without delay. She should then consult a property lawyer to start annulment proceedings before the Lyon court.

Application pratique:

Following this decision, the charity, as universal legatee, is entitled to bring an annulment action even though it was not the seller. Mr Dupont should immediately collect all evidence that she was lucid at the time: the notary's file, any capacity certificate, the price paid and its payment, and witness statements. He should also check whether the sale took place before the law of 5 March 2007, because the old rules then apply. He should tell his notary and take legal advice before the matter reaches the Bordeaux court.

Application pratique:

The decision shows that Paul, as universal legatee, can bring the annulment action on his own, and that Anne's belief that he cannot is wrong. Paul should obtain the guardianship or medical file and the deed of sale, and should check the date of the sale against the old article 489-1 and its limitation period. Anne should avoid taking a fixed position before seeing this case law. The siblings should consider settling their dispute through their notary, because a court action in Toulouse would be long and costly.