Cancelation of a mystical will made by a visually impaired person

In this case, the testator is a person placed under guardianship and suffering from a neurodegenerative disease that seriously affects his or her vision.

In July 2014, she deposited with her notary a typed mystical will bearing her signature, establishing a person other than her heirs as a universal legatee. She had it concealed by the notary in the presence of two witnesses.

On the deed of subscription (that is to say, the deed by which a notary finds that a will has been presented to him), it is stated that it is his will and that he checked its content by reading it.

The testator died in October 2015 leaving her sister and brother as heirs. By discovering the contents of the will, they take the universal legatee to court to obtain the nullity of the will.

The Cour d’appel de Nîmes upheld the decision of the heirs. The universal legatee shall appeal to the Court of Cassation.

The Court of Cassation dismisses the appeal on two main grounds.

On the one hand, the testator cannot draw up a mystical will under Article 978 of the Civil Code. This Article provides that " those who do not know or cannot read, will not be able to make provisions in the form of the mystical will ”.

Moreover, it is not demonstrated by what technical method the testator was able to read and verify the content of the typed text, of normal size. The latter’s visual acuity is greatly reduced by the disease from which it suffers.

The Court of Cassation upholds the judgment of the Court of Appeal and, as a result, the invalidity of the will.