Changing or revoking a will

Wills may be revoked at any time prior to the death of the testator.

One will does not automatically annul another, so if you wish this to be the effect, this should be clearly stated in the will with words such as: ceci est mon testament qui révoque tous les testaments antérieurs (this is my will, which revokes all preceding wills).

Revoking previous wills is usually the simplest course of action, however if there are two wills which make stipulations about the same property, then the one with the latest date would prevail.

You can also make an addition to an existing will in a document called a codicille. 

Notaire Pierre Lemée said: “For example if you left something in your will to your sister, but she dies before you, you can make a codicille saying due to her death, her bequest should go to her children or to your other sister etc.

"On the other hand if you want to cancel the first will and leave everything to an animal charity, you will need to make a new will annulling the first one.”

After a person dies a will may sometimes be cancelled or modified by a court following a legal challenge (eg. by dissatisfied members of the family, with the help of an avocat). However this is only possible on certain specific grounds.

These include:

• Proof that the testator was not of sound mind or had acted under duress

• An error in the will, for example (for a testament olographe) if it was not signed

• French law applied to it and the réserve héréditaire rules were not followed (including where a significant lifetime gift was not accounted for)

• Where a beneficiary did not carry out named wishes associated with a legacy (eg. a building was left to a town council to use as a museum, and not so used)

• Where a legatee is shown to have in some way gravely insulted the memory of the testator