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Succession
A will may be written in any language provided that the author understands it
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
A will drawn up in a language which the author does not understand, even if it is drawn up by a notary assisted by an interpreter and with witnesses, is not valid. If an international will can be written in any language, it must not be written in a language that the testator does not understand. This is what the Court of Cassation has just recalled in the judgment of the First Civil Chamber.
A person of Italian nationality, who only knows the Italian language, has his will drawn up in France before a notary in accordance with the rules laid down in the Civil Code. The will is then written in French by the notary with the help of an interpreter. One of the heirs who felt aggrieved by the will is asking for the cancelation. The Court of Appeal dismisses it and validates the will as an international will.
The Court of Cassation quashes and quashes the judgment of the Court of Appeal because an international will cannot be written in a language which the author of the will does not understand, even with the help of an interpreter. In the present case, the will was written in French, whereas the person spoke and understood only Italian.
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