Legal Definitions - mystic testament

A mystic testament (also referred to as a mystic will) is a type of will recognized in certain civil law legal systems, such as those found in Louisiana, France, or Quebec. Its defining characteristic is that the contents of the will remain entirely secret, even from the notary and witnesses involved in its creation, until after the testator's death.

The process involves the person making the will (the testator) drafting their will, sealing it in an envelope, and then presenting this sealed envelope to a notary in the presence of witnesses. The testator declares that the envelope contains their last will and testament. The notary then prepares an official document, called an act of superscription, on the outside of the sealed envelope, attesting to the testator's declaration and the proper execution of the formalities. This method ensures maximum confidentiality regarding the testator's wishes until the time comes for the will to be opened and executed.

• Example 1: Protecting Sensitive Information

  A renowned investigative journalist has compiled a detailed exposé on a powerful corporation, along with instructions for its publication and distribution of the proceeds, which she wants to remain absolutely confidential until after her death.

  Explanation: The journalist could use a mystic testament to ensure that the sensitive information and her specific instructions are kept secret. By sealing the document and presenting it as a mystic testament, no one, not even the notary or witnesses, would know the contents until it is legally opened after her passing, thus protecting her work and legacy from premature disclosure or interference.

• Example 2: Preserving Proprietary Innovations

  An eccentric inventor has developed several groundbreaking but highly secretive prototypes and wants to leave them to specific research institutions with very particular conditions for their use and further development, without revealing the nature of the inventions or the conditions prematurely.

  Explanation: By creating a mystic testament, the inventor can seal all the details about the prototypes, the designated institutions, and the conditions for their inheritance. This ensures that the proprietary information and his unique instructions are protected from public knowledge or competitors until the will is officially unsealed after his death, preserving the secrecy of his innovations.

• Example 3: Avoiding Family Conflict Over Bequests

  A wealthy art collector owns a rare and extremely valuable painting that he wishes to bequeath to a specific, lesser-known museum, rather than to his children who expect to inherit it. He anticipates significant family conflict if this decision were known before his death.

  Explanation: The collector could utilize a mystic testament to keep his controversial bequest confidential. By sealing his will, the specific instruction to leave the painting to the museum remains unknown to his family and others until the testament is formally opened after his passing. This prevents potential disputes or attempts to influence his decision while he is alive, ensuring his final wish is carried out without prior interference.