The clause revoking earlier wills: what is it for?

A wealthy American living in Monaco had written a first will leaving his entire fortune to Prince Albert II of Monaco; two months later, he wrote a new will in favour of his partner and of charities. He died leaving both wills in place, and the potential heirs, the Prince and the widow, went to court, each seeking to have the will in their favour applied.

Don't wait for the next issue of a celebrity magazine to find out who really inherits before updating your own will! Consult your notaire to avoid misunderstandings and problems in carrying out your last wishes after your death.

Indeed, until your death, the French Civil Code allows you to amend or revoke your will, in whole or in part. In principle, a will must be revoked expressly. This is why, where there are several successive wills and the most recent one does not expressly revoke the earlier ones, the different wills apply cumulatively. The date of the will is only taken into account where the earlier provisions are incompatible with or contrary to the new provisions, in which case the new ones tacitly revoke the old ones.

How can you tell whether the provisions of the earlier will are incompatible with the new ones? Either the parties agree on the tacit revocation of those provisions in an interpretation agreement; or, if they disagree, it will be for the court to interpret the testator's intention, case by case, in the light of the words used and the circumstances.

To avoid the uncertainties of such a situation, we recommend that you check the wording of your will with your notaire, so that the document properly reflects your wishes.