Article 997 of the French Civil Code
November 7, 2023
The wills included in the above articles of this section shall be signed by the testator, by those who have received them and by the witnesses.
The wills included in the above articles of this section shall be signed by the testator, by those who have received them and by the witnesses.
If the testator declares that he cannot or does not know how to sign, mention shall be made of his declaration, together with the cause which prevents him from signing. In the event that the presence of two witnesses is required, the will shall be signed by at least one of them, and mention shall be made of the cause why the other has not signed.
A French person who is in a foreign country may make his testamentary dispositions by private deed, as prescribed in Article 970, or by authentic instrument, with the forms customary in the place where this instrument is made.
Wills made in a foreign country may not be executed on property situated in France until they have been registered at the office of the testator’s domicile, if he has retained one, otherwise at the office of his last known domicile in France; and, in the event that the will contains dispositions of immovables situated there, it must, in addition, be registered at the office of the location of these…
The formalities to which the various wills are subject by the provisions of this and the preceding section must be observed on pain of invalidity.
Testamentary dispositions are either universal, or by universal title, or by particular title. Each of these dispositions, whether it has been made under the name of an institution of heirship, or whether it has been made under the name of a legacy, will produce its effect according to the rules hereinafter established for universal legacies, for legacies by universal title, and for particular legacies.
Unless the disposing party wishes otherwise, where the succession has been accepted by at least one heir designated by law, the legatee may confine his emolument to part of the property disposed of in his favour. This limitation does not constitute a gift made by the legatee to the other successors.
A universal legacy is a testamentary disposition by which the testator gives to one or more persons the universality of the property that he will leave at his death.
Where, at the death of the testator, there are heirs to whom a share of his property is reserved by law, these heirs are seized ipso jure, by his death, of all the property of the succession; and the universal legatee is bound to ask them for the delivery of the property included in the will.
Nevertheless, in the same cases, the universal legatee shall have the enjoyment of the property included in the will, from the day of death, if the request for delivery has been made within one year, since that time; otherwise, this enjoyment shall only begin from the day of the request made in court, or from the day that the delivery would have been voluntarily consented to.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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