Landmark Court Decision: Partial Reversal in an Inheritance Dispute

On 13 July 13 2022, the First Civil Chamber of the Court of Cassation issued a significant decision in a dispute concerning the reduction of a universal legacy.

The Court reaffirmed a strict application of Article 924 of the Civil Code: when a gift exceeds the disposable portion of the estate, compensating the forced heirs is mandatory, regardless of the choices made by the beneficiary.

This decision emphasizes the importance of a thorough analysis of testamentary provisions to ensure the rights of forced heirs are upheld. It also highlights the need for careful drafting of wills to avoid lengthy and costly litigation for families.

Judgment of 13 July 2022, Case No. 21-10.226