# Revocation and modification of wills

## The Regulation as regards the question of specifying the law applicable to the modification or revocation of a will

The question is as follows:

- Should we apply the law governing the succession anticipated on the day the will was established?

- Should we apply the law governing the succession anticipated on the day of its revocation?

## Example

A French national establishes a will while a resident in the Netherlands.

He then returns to France and intends to revoke the will: is the law applicable to the revocation the Dutch law of the place of residence on the day the will was established or the French law of the place of residence on the day of its revocation?

## Article 24(3) makes a distinction as to whether the testator made a choice of law or not in testamentary matters

If the deceased did not make a choice of law, we must apply Paragraph 1of article 24 and therefore the anticipated law on the succession. But the article does not state whether we must place ourselves on the day the initial will was established or on the day of its revocation. In principle, it would seem that we should place ourselves on the day of the revocation. Point 51 of the Preamble suggests this. Some authors, however, believe that the possibility of revocation should remain governed by the law applicable to the will.

If the deceased has made a choice of law, modifications or revocations will be governed by the law he has chose