What is the statute of limitations applicable to an action challenging unsoundness of mind?

Published on October 9, 2016

Real estate / construction

Upon the opening of a succession, the specialized lawyer is often asked about the possibilities of contesting a will or certain acts deemed important with regard to the transmission of an estate (will, modification of a beneficiary clause of a life insurance contract, donation, power of attorney…). This is a very common element in inheritance law cases that I handle in Paris for my clients throughout France.

To the question of whether it is possible to contest an act performed by a deceased person, the answer is yes, provided that it can be proven that this person no longer had full intellectual faculties at the time of the contested act. This most often involves a will or a modification of the beneficiary clause of a life insurance contract.

This proof can be provided by any means, but generally, the preferred method is to have an expert appointed by the court to give a professional opinion on the person's state of health on the day their will was drafted.

The question also arises of knowing the time limit within which it is possible to act, because it is useless for the lawyer to try to demonstrate that a person no longer possessed all their intellectual faculties on the day of their will if it is no longer possible to contest this will due to the statute of limitations having expired.

Since the Civil Code does not specifically provide for this case, case law has settled the matter by establishing the principle that the heirs' action to contest acts performed by the deceased is 5 years from the date of death.

Several decisions can be consulted in this regard:
– judgment of the First Civil Chamber of the Court of Cassation of 20 October 2010,
– judgment of the First Civil Chamber of the Court of Cassation of 20 March 2013,
– judgment of the First Civil Chamber of the Court of Cassation of 29 January 2014.

In conclusion, after the opening of a succession, heirs have a period of 5 years to contest acts concluded by the deceased on the grounds of unsound mind. Consulting a specialized inheritance lawyer is therefore necessary within a fairly short period to avoid the risk of the action being time-barred.