In Cameroon, the common belief that a will is sufficient to settle an inheritance is widespread. However, Cameroonian law strictly regulates the scope of a will, particularly to protect legal heirs. Thus, a will cannot decide everything.
A will is a legal document that allows a person to designate how their assets will be distributed after their death. These assets may include land, houses, bank accounts, or other assets. However, this testamentary freedom is limited by strict rules aimed at protecting certain heirs, especially children. For example, a person cannot exclude their children from their inheritance, even if they wish to bequeath their property to other people or organizations. This rule is often unknown and a source of family disputes, which regularly clog the courts of Yaoundé and Douala.
Cameroonian law recognizes three types of wills:
The holographic will: Entirely handwritten by the testator, dated and signed. It is the most common form, but also the most contested. The authentic will: Drawn up by a notary in the presence of witnesses, offering greater legal security. The mystic will: Handed over to a notary in a sealed envelope, without the latter knowing its contents.
The reserved portion is a key principle of Cameroonian inheritance law. It guarantees direct heirs, especially children, a minimum share of the inheritance. A testator cannot therefore bequeath all of their assets to one person to the detriment of their children. Aggrieved children can take legal action to assert their rights.
Several reasons can lead to the annulment of a will by the courts. This includes failure to comply with the legal conditions of form, the testator's incapacity at the time of drafting, or infringement of the rights of reserved heirs. These procedures can be lengthy and contentious.
A common mistake is the hasty sale of the deceased's property by certain heirs. However, as long as the official division has not taken place, the heirs are undivided and must obtain the agreement of all for any sale.
Faced with the complexity of inheritance, the use of a lawyer is often essential. This professional can advise, assist in drafting the will, defend the interests of the heirs and facilitate the settlement of disputes. Anticipating and organizing the transmission of one's assets during one's lifetime remains the best way to avoid family conflicts.
At the 32nd Congress of African Notaries in Yaoundé, the notaries reaffirmed their commitment to strengthen the fight against inheritance disputes in Africa, in particular by encouraging mediation before resorting to the courts and by integrating information technologies to secure wills. Inheritance should not be a source of division, but rather an organized and peaceful passing of the baton.
