The holographic will must be written in a language the author understands

A divorced German man, who died in France in 2003 where he had resided since 1999, leaves his three children and sister to succeed him. In anticipation of his succession, he had written a holographic will in French, a language he did not understand, in which he instituted his universal legatee sister. Wanting to collect the estate, her sister sued her children for the bequest.

The Court of Appeal considers that the will is valid because this document written in French is written, dated and signed by the hand of the testator. The judgment of appeal notes the existence of another written document, dated the same day and written in German, entitled translation of the will, which states that the testator, that is to say the person who expresses his last wishes, designated his sister as executor of the will and left her her available assets, even if the latter is not a direct heir. The judges point out that the testator did not speak French, and that the 2^nd The written word is not in his hand, but was presented to him to understand the meaning of the will. Rejected their application to challenge the validity of the will, the children appeal to cassation.

The Court of Cassation quashes and quashes the judgment of the Court of Appeal. According to her, a holographic will is not valid if it is not written in full, dated and signed by the hand of the testator. The Court also states that a will written in a language which the testator does not understand cannot be regarded as an expression of his will.