Found Will After Inheritance: What to Do

What Happens When a Will is Found After the Succession?

Creating a holographic will without informing anyone or depositing it with a notary carries a significant risk: the will may never come to light.
Due to the secrecy surrounding this document, testators often hide it in unsuspected places, leading to situations where the will is discovered after the succession process.

This scenario is quite common.
Unaware of the existence of the will, heirs proceed to file the declaration of succession and then divide the inheritance.
However, as they distribute the deceased’s assets, they stumble upon a will.
This newly found document could completely change the inheritance arrangements, requiring the heirs to make new commitments in the division process.

It is essential to respect the wishes of the deceased, regardless of how the inheritance has already been divided.
In many cases, the legal succession rules have been followed, which must be either abandoned or complemented with the testamentary provisions.
In case of two wills, the most recent one always prevails, regardless of when it is found.

Implications of a Will Found After the Succession

Therefore, if the discovered will predates the one respected in the succession, it may be necessary or even obligatory to disregard all provisions that are incompatible with the former.
However, the earlier will could provide additional instructions if the later will only addressed a partial distribution of the estate.

Upon finding a new will, it is crucial to immediately inform a notary for its disclosure (remember that concealing a will is a crime), a requirement not needed for public wills.
It is then essential to assess with the legal professional how the deceased’s instructions conflict with previously followed ones or with the succession laws.

In case the newly discovered will is suitable for altering the succession, and after submitting the appropriate new declaration, the next step is to consider the division of the inheritance.
If the division has not yet taken place, the inheritance will be distributed, considering the new will and potentially integrating it with the rules of legal succession or a previous will if the discovered provisions are only partial.

If the will is valid, it must be strictly followed, even if it violates the legal portion.
The division made previously must be revoked, and the assets divided according to the deceased’s instructions, including material restitution or compensation if assets have perished.

When a new will is found, it’s crucial to remember that, according to the Court of Cassation, the terms for accepting the inheritance remain unchanged and start from the death.
Therefore, if ten years have passed since the deceased’s passing, the new will is not valid for potential heirs who have emerged after this period.

Similarly, those who have renounced the inheritance cannot reclaim it if the deadlines have passed.
This limitation, upheld by the Cassation, aims to provide certainty about the inheritance, especially for the deceased’s creditors and other parties interested in the assets.