Validity of a Succession Pact in the Absence of a Notarial Certificate of Signature in the Presence of Witnesses

Facts

This decision concerns a dispute over the validity of a succession pact. The contracting parties signed the pact in the presence of two witnesses, but the notary did not attest to this fact in the deed. The question is whether this lack of notarial attestation results in the nullity of the succession pact.

Considerations

The Federal Court ruled that the signature by the parties in the presence of witnesses, although a condition for the validity of the succession pact, does not need to be attested to in the deed by the notary. This attestation is only recommended, but not a legal requirement. The proof of the signature in the presence of the witnesses can therefore be provided by other means, such as the testimony of the instrumental witnesses. The Court held that the formal requirements provided by law should not…