Contest a Will in Luxembourg
Contest a Will in LuxembourgUpdated on Wednesday 22nd February 2023
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The Civil Code is the main law providing for the preparation of wills in Luxembourg. The Luxembourg Civil Law allows citizens of the Grand Duchy to own various assets here and prepare their testaments in other countries. A will which was executed in another country is valid in Luxembourg under the 1961 Testamentary Disposition Convention signed in Hague. Even if all legal requirements are met and the will is deemed valid, there are situations in which the heirs are not satisfied with the dispositions of the testament and decide to challenge it. The Civil Law is also the main reference when contesting a testament in Luxembourg.
Our lawyers in Luxembourg can offer more information about what the Civil Law and the Inheritance Law related to drafting or contesting a will.
Grounds to contest a testament in Luxembourg
According to the Civil Procedure Code, one needs one or more grounds in order to challenge a will in Luxembourg. The validity of the will is usually the most common ground when contesting a will. In order to know if a testament is valid, one must get acquainted with the Succession Rules. However, it is advisable to ask for legal counseling from a law firm in Luxembourg when seeking to contest a will.
The legal grounds on which a will can be contested in Luxembourg are:
- - the signature of the will was not done before a public notary or at least one witness, how the law specifies;
- - the testator did not have the mental capacity to draft a will;
- - the person making the will was influenced to prepare the testament in a certain way;
- - the will was obtained in fraudulent way;
- - the testament does not respect the intestacy regulations.
One must keep in mind that no matter the grounds, a will must be contested with a civil court in Luxembourg.
We can also advise on matters related to relocation. You must submit a declaration of arrival (déclaration d'arrivée) with the commune in your area within eight days if you intend to stay in Luxembourg for longer than 90 days. You must get a declaration of registration from the commune within 3 months of arriving if you decide on immigration to Luxembourg.
How to challenge a testament in Luxembourg
In order to challenge a will, one must file a petition with a Luxembourg court of law. It is best to hire a Luxembourg law firm for representation in court, as the process can be lengthy and a lot of evidence must be presented in order to support the case. However, nowadays arbitration is also possible in cases where a will is contested.
For full information on how to contest a will, please feel free to contact our attorneys in Luxembourg.