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.
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:
One must keep in mind that no matter the grounds, a will must be contested with a civil court 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.
There are no comments