Requirements of form
Under article 1124 of the Civil Code, a will must be written, must state the place and time it was made, and must be signed by the testator in person. If the testator cannot sign because of a physical defect, illness or illiteracy, another person may sign at the testator's request in the presence of a notary. A written will means a will certified by a notary or one treated as equivalent. For example, a will certified by the chief doctor of a hospital or by the captain of a ship is treated as equivalent to a notarial will (article 1126). Under article 1130, a will that does not keep the proper form is invalid, so an oral will has no legal force. Under article 1120, a will cannot be made through a representative — only in person.
Who can make a will
Under article 1130 of the Civil Code, the invalidity of a will also rests on the rules about the invalidity of transactions. A transaction by a citizen declared legally incapable is void (article 119 of part one of the Civil Code). The court may declare invalid a transaction by a citizen who, at the moment of making it, could not understand the meaning of their acts (article 121). To stop legal capacity becoming a ground for dispute later, it is useful to obtain a medical report.
The compulsory share
Under article 1142 of the Civil Code, the minor or disabled children of the deceased, the disabled spouse and the disabled parents receive a compulsory share whatever the will says. The compulsory share is at least half of the share that would be due to them under the law.
Changing a will
Under article 1127 of the Civil Code, a will can be cancelled at any time, or changed by making a new will. A new will cancels the earlier one in full, or in the part that contradicts it. Under article 1120, the testator need not state the reason for the cancellation or the change.