Annulment of a will

Annulment invalidates a defective testamentary disposition by court decision. The statutory grounds are lack of testamentary capacity; execution under mistake, deception, intimidation or duress; unlawful or immoral content, conditions or charges; and non-compliance with the prescribed forms.

The action may be brought by heirs and legatees with an interest in the annulment. It is subject to forfeiture periods running from discovery of the ground and of the claimant's entitlement, with longer outer limits, graduated by statute, against good-faith beneficiaries.

The most frequent ground in practice is the capacity of testators who made their wills at an advanced age or in poor health, where hospital records and forensic reports are decisive. Since even a defective will continues to produce effects unless annulled, tracking the deadlines is critical.