Contesting a will in France

Set aside, reduce or disregard a will: three different actions

When a will seems unfair, the first question is what exactly is wrong with it, because the remedy depends on it.

Formal defects

The handwritten will (testament olographe)

To be valid, it must be entirely handwritten, dated and signed by the testator. The following are void or open to challenge:

• a will typed on a computer and then simply signed;
• a will written wholly or partly by someone else, even under dictation;
• a will without a signature, or with a signature that does not identify its author;
• a will without a date or with an incomplete date, unless the date can be reconstructed and has no bearing on the case;
• a joint will made by two people in the same document, for example by spouses: this is prohibited in France.

The notarial will (testament authentique)

It is received by two notaries, or by one notary with two witnesses. The testator dictates it, it is read back to them, and they sign it. Failure to comply with these formalities can make it void. The notary's statements that they personally observed these formalities can only be challenged through a special forgery procedure (inscription de faux).

Lack of mental capacity: the most common ground

To make a will, the testator must be of sound mind at the time of writing it. This is the basis of most challenges: Alzheimer's disease or similar conditions, age-related cognitive decline, end of life under heavy medication, severe depression, stroke.

• What matters is the moment the will was made. An earlier or later diagnosis is not enough on its own, but it sheds light on the period.
• The burden of proof lies with the person challenging the will. However, if a habitual mental disorder is established during the relevant period, it is for the beneficiary to prove that the will was made in a lucid interval.
• A protective measure (guardianship, tutelle or curatelle) does not automatically make the will void, but it is strong evidence.
• The content of the will is itself evidence: inconsistencies, mistakes about the family or the assets, disorganised handwriting, a sudden break with earlier wishes.

Undue influence and pressure

A will is void when the testator's consent was vitiated by mistake, fraud or duress. In inheritance matters, fraud often takes the form of captation: manoeuvres designed to gain the trust of a vulnerable person in order to steer their last wishes. Mere affection or attention is not enough: there must be unfair conduct that determined the content of the will.

Warning signs commonly accepted by the courts:

• deliberate isolation of the person: family kept away, mail and telephone filtered, change of doctor or notary;
• the beneficiary's presence when the will was written or at the notary's appointment;
• repeated denigration of the family to the testator;
• a will drafted in the beneficiary's words, or copied from a model they supplied;
• a suspicious timeline between the beneficiary's arrival and changes to the will.

Where the facts are serious, a criminal complaint for abuse of weakness (abus de faiblesse) may be considered in parallel; a criminal investigation can sometimes gather evidence that would otherwise be out of reach. Certain people, such as doctors who treated the testator during their final illness, cannot receive legacies from them at all.

Children left out: the reduction action

In France, a will cannot deprive children of their reserved share (réserve héréditaire): half of the estate for one child, two thirds for two children, three quarters for three or more. When a will or lifetime gifts exceed the freely disposable share, the child can bring a reduction action (action en réduction) to have them reduced. This action is subject to strict time limits: in principle five years from the death, or two years from the discovery of the infringement, without exceeding ten years from the death.

When a foreign law that does not recognise forced heirship governs the estate, children may in certain cases claim compensation from assets located in France. See Inheriting property in France.

Universal legatee: act within one month

Procedure and evidence

An action for annulment is brought before the judicial court (tribunal judiciaire) of the place where the estate was opened. Representation by a lawyer is compulsory. The action must generally be brought within five years.

Evidence commonly used includes:

• medical records, which can be obtained under certain conditions, and a medical expert opinion based on the records;
• a handwriting expert's report;
• witness statements from relatives, carers and neighbours;
• bank statements showing unusual movements;
• documents from any criminal investigation.

If the will is set aside, the estate is distributed according to any earlier valid will or, failing that, according to the statutory rules.

More details are available on our French page Annulation de testament (in French).

Have a will reviewed

The information on this page is general and does not replace legal advice. Every estate has its own particularities; the rules are those in force on the date the page was last updated (September 2026).