This story is now known. And provoked passionate legal debates. Before he died, in 2016 Messin left his property via SMS to his mother. "For my part, I want her to return to my mother," the 45-year-old writes, the end of a painful break. Some words have no value, as they are. So to do his last will, his family wants to change the bourgeois code and has recognized the electronic evidence as equivalent to the written proof.
His lawyer, M e Thomas Hellenbrand, raised a priority issue of constitutionality (QPC) to "dusty a right that no longer holds on to evolutions of society," he justifies.
An issue without seriousness, according to the judge
Repeatedly repeated, the decision fell yesterday. Judge Metz is of the opinion that "the QPC should not be transferred to the Court of Cassation" because it does not meet all the required conditions. "With regard to the hologram, article 970 of the Dutch Civil Code states that the will will not be valid if it is not fully written, dated and signed by the testator, she remembers.This handwritten requirement makes it possible to reduce the risks of counterfeiting, to avoid the risk of writing errors, to ensure a sufficient reflection of the testator, According to the judge, "the provisions of article 970 of the Civil Code protect the expression of the will of the testator and thus his property right and that of free disposal, so that the question appears to be constitutionality without being serious. "
" Not in line with time "
Thomas Hellenbrand yesterday announced his intention to continue." We will clean up the file at the bottom before we put this QPC back on call level. It is a shame to get there. The judge does not answer the real subject. All was written in one go because there was no other way. This decision is not in keeping with the expectations of the citizens. It is a pity that the case law of Metz did not abuse the possibility. We stay behind with the last wishes of a man who is clearly expressed and nobody takes into account … "
" We need guarantees "
Attorney of the former companion of the deceased and opposed to the recognition of the SMS, M e Stanislas Louvel regards this decision as "wise." It validates our argumentation: the holographic protects the testator, gives guarantees, which do not exist with a text message. society evolves, but it does not always move in the right direction. "