LES PROBLEMES D’AUTHENTIFICATION DES TESTAMENTS EN RD Congo - Cas du testament oral

Abstract

The authentication of wills is a crucial issue in estate planning, particularly in the Democratic Republic of Congo (DRC), where testamentary practices vary widely due to cultural and legal factors. Among these practices, oral wills play a significant role, especially in rural communities where their use is often preferred for reasons of accessibility and tradition. However, this form of will presents unique challenges in terms of authentication. The lack of a clear legal framework and the high risk of contestation exacerbate family and community tensions, jeopardizing the rights of heirs. This context underscores the importance of exploring the issues related to the authentication of oral wills in the DRC in order to propose appropriate solutions to strengthen legal security and the protection of last wishes. This work aims to analyze the societal and legal implications of this testamentary method, while suggesting necessary reforms for better regulation.