Limitation periods in inheritance law: how long do you have to contest a will?

Imagine: you live in Saint-Berthevin, a peaceful commune in Mayenne, when you discover, while clearing out your parents' attic, a holographic will (handwritten) dating back twenty years. This will bequeaths the family home to a distant cousin, whereas you thought you were the sole heir. What can you do? And above all, do you still have time to act? This question of the time limit to act – what lawyers call limitation – is at the heart of the ruling handed down by the Douai Court of Appeal on 15 February 2024.

In this case, heirs from Mayenne clashed over whether an action to contest a will was time-barred or not. The court had to decide: how many years after the opening of the succession (the death) can a will still be contested? The answer is not unique: it depends on the nature of the action. For example, contesting the validity of a will for a formal defect or the testator's unsound mind (the person who wrote the will) is not subject to the same time limit as claiming one's status as a reserved heir (someone entitled to a minimum share of the estate).

This article explains, in plain language and with concrete examples from the Laval region, what this decision changes for you, whether you are a property owner, an heir, or simply curious about family law.

The facts: a story like many others

The case decided by the Douai Court of Appeal pits two branches of the same family from Mayenne against each other. On one side, Mr. DUPONT, the only child of a couple who died in 2015, who always believed he was the sole heir. On the other, Mrs. MARTIN, his first cousin, who relies on a holographic will written in 2005 by Mr. DUPONT's father, bequeathing the country house located in Saint-Berthevin to Mrs. MARTIN.

The conflict erupted in 2022, when Mr. DUPONT, while sorting through his father's belongings, discovered an envelope containing the famous will. He immediately contested it in court, arguing that his father was not of sound mind at the time of writing – he suffered from a neurodegenerative disease diagnosed as early as 2003. Mrs. MARTIN, for her part, retorts that the action is time-barred: according to her, the five-year limit to contest a will for unsound mind (Article 901 of the Civil Code) had passed, since the will dated from 2005 and the death from 2015.

The court of first instance (the Laval Judicial Court) ruled in favour of Mrs. MARTIN, finding the action time-barred. Mr. DUPONT appealed. The Douai Court of Appeal was then seized to decide the delicate issue of the starting point of the limitation period: does it run from the signing of the will, or from the death? The Douai judges also had to determine whether the action to contest is subject to the ordinary five-year limitation period or to a longer limitation period specific to succession law.

The stakes are high: if the action is time-barred, Mr. DUPONT definitively loses the house in Saint-Berthevin to his cousin. Otherwise, he can obtain the annulment of the will and inherit the entire estate alone.

The reasoning of the court — broken down

The Douai Court of Appeal begins by recalling a fundamental principle: the limitation period varies according to the legal area. In succession law, there is no single time limit. Article 2224 of the Civil Code (which sets the ordinary limitation period at five years) does not apply to all actions. A distinction must be made:

• The action to contest the validity of a will for a formal defect or unsound mind: this is an action for relative nullity, subject to the five-year limitation period from the discovery of the defect (Article 2224 of the Civil Code). However, case law often considers that the starting point is the date of death, because it is at that moment that the will becomes enforceable and the heir can become aware of it.
• The action to assert one's status as a reserved heir (to obtain the reserved share, i.e., the minimum share guaranteed by law): this action is time-barred after thirty years from the opening of the succession (Article 2262 of the Civil Code). It is much longer.

In this case, Mr. DUPONT contested the will for unsound mind. The Court recalls that this action falls under the five-year limitation period. But what is the starting point? The judges consider that the period runs from the date on which the heir became aware of the will and its contents, and not from its signing. Indeed, as long as the heir is unaware of the existence of the will, he cannot act. Here, Mr. DUPONT only discovered the will in 2022, i.e., seven years after the death. Therefore, his action brought in 2022 is admissible, as it was brought less than five years after the discovery.

The Court therefore overturns the first-instance judgment and annuls the will, considering that the action is not time-barred. It refers the case back for a decision on the merits of the contestation (the issue of unsound mind). This ruling confirms a jurisprudential trend protective of heirs: the time limit only starts to run from the actual knowledge of the will by the aggrieved heir. This is a position favourable to the legal security of heirs.

What this changes for you — concretely

This decision has important practical implications for all those faced with a succession, whether you are an heir, a legatee (beneficiary of a will) or simply a property owner in Mayenne. Here is what changes for you:

• For the heir who discovers a will late: you are not automatically time-barred. If you find a will among the deceased's belongings, you have a period of five years from that discovery to contest it. Example: you live in Mayenne, you clear out the house after your father's death in 2023 and come across a will dating from 2010. You have until 2028 to act. Do not delay consulting a lawyer.
• For the legatee (the person receiving a legacy): be cautious. The limitation does not protect indefinitely. If the will is contested years after the death, you risk losing the legacy. Keep the original safe and prove the date on which the heir became aware of the will. This may be useful to argue that the action is time-barred.
• For the owner of a property in co-ownership (inherited co-ownership): the action for partition (requesting the division of assets) is not time-barred, but the action to assert your status as a reserved heir is time-barred after thirty years. If you are a reserved heir, you have thirty years from the death to claim your share. Example with figures: a property in Saint-Berthevin worth €200,000. If you are deprived of part of your reserved share, you can act until 2053 if the death occurred in 2023.
• For the notary in charge of the succession: he must inform all heirs of the existence of a will as soon as possible. A failure to inform could render him liable.

In summary, if you are involved in a succession, do not neglect the time limits. But rest assured: the courts are pragmatic by having the time limit run from the actual discovery of the will.

Four tips to avoid this type of dispute

• Keep all testamentary documents in a safe place and inform your heirs of their existence during your lifetime. A will hidden in a drawer is a source of conflict. Deposit it with a notary, who will record it in the Central Register of Last Wills (FCDDV).
• Act without delay upon discovering a contestable will. As soon as you have any doubt about the validity of a will (formal defect, unsound mind), consult a lawyer specialised in family law. The five-year period runs from the discovery: each passing month brings you closer to being time-barred.
• Obtain a medical certificate if you suspect the testator was not of sound mind. A treating doctor or psychiatrist can attest to the mental state at the time of writing. This document will be crucial to support your challenge.
• Do not wait to bring an action for partition if you are in co-ownership. Even though the action for partition is not time-barred, co-ownership can generate tensions and costs. Request an amicable partition through a notary or a judicial partition if necessary.

Further details: related case law and developments

The Douai Court of Appeal follows a line of case law protective of the aggrieved heir. In 2021, the Court of Cassation (decision no. 19-25.302) had already ruled that the limitation period for an action for nullity of a will for unsound mind runs from the day the heir became aware of the defect, and not from the death. The present decision confirms this solution while specifying that the knowledge must be actual and not merely presumed.

On the other hand, in the same decision, the Court of Cassation recalled that the action for reclassification of a legacy (for example, to have a universal legatee recognised as a reserved heir) is subject to the thirty-year limitation period. This means that a reserved heir can, even thirty years after the death, demand his legal share. This distinction is essential for complex successions.

The current trend of the courts is to favour access to the judge for heirs, by starting the limitation period at the moment they could reasonably act. This promotes greater legal security and limits situations of involuntary spoliation. In the future, we can expect judges to continue to clarify the contours of "actual knowledge" to avoid abuse.

Frequently asked questions

How long after a death can I contest a will?
You have a period of 5 years from the discovery of the defect (for example, the discovery of the will itself or of the testator's mental disorder). If you have always been unaware of the existence of the will, the period does not run.

What is the time limit to claim my share of inheritance if I am a reserved heir?
You have 30 years from the death to claim your reserved share. After this period, you definitively lose your right.

What should I do if I discovered a suspicious will in Mayenne?
Consult a specialised lawyer immediately. Gather all elements (original will, medical certificates, testimonies). Do not delay, as the 5-year period is running.

Is an undated holographic will valid?
To be valid, a holographic will must be entirely written, dated and signed by the testator's hand. The absence of a date renders it void. You can contest it without delay, but be mindful of limitation periods.

Can I contest a will if I was not present at the opening of the succession?
Yes, absence at the opening does not affect your rights. You can contest up to 5 years after you became aware of the will.

Are you in a similar situation? A first 30-minute consultation with Maître Perucca (€45) can save you months of proceedings — and often much more. Book an appointment →