Wills in France

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Wills in France

Disclaimer
Law is complex and every effort has been made to offer information that is current, correct and clearly expressed. The information in this summary is intended to be no more than a general overview of the position and certain details have been deliberately omitted. The contents of this page should not be taken as an authoritative statement of French law and practice. Neither the author nor the publisher are responsible for the results of actions taken on the basis of information contained in this summary, nor for any errors or omissions. This text is not intended to render legal, accounting or tax advice. Readers are encouraged to seek professional advice concerning specific matters before making any decision.

Who should make a will?

• French Residents: If you are permanently living in France at the time of your death you will be considered to have been "resident".
• Property owners: If you own immoveable property in France, that is, a house, a flat or land.

If your own moveable property in France, for example a bank account, or company shares, a foreign will may be sufficient, but only if you are not resident in France.
Generally, it is best to prepare a will in France for assets located in France. There are circumstances when a foreign will may be used but it is likely be slow and costly. The opportunity for tax planning might also be lost.

How to make a will?

For all practical purposes there are two types of will:

• The holographic will, testament olographe.
  This is the most common form of will and it is also the easiest. It is written in manuscript by the testator and is then simply dated and signed by him.
• The authentic or notarial will, testament authentique.
  As the latter name suggests, this is a typewritten will prepared by a notary on the dictated instructions of the person making the will, the testateur, who then signs in the presence of either a notary and two witnesses or simply two notaries. After signature the will is registered in the French central register of wills.
• There is a third type of will known as the mystic will.
  It is almost never used, but worth mentioning for its name alone.

Whichever type of will you chose you should always instruct a professional to take your instructions and prepare the document. Do it yourself wills can cause unnecessary problems and expense, and the opportunity for tax planning can be lost.

A spouse is relatively unprotected, though under new laws his/her position has been improved.

Having made a will you can at any time change your mind and instruct your legal advisor make a new will whether to add new beneficiaries or to take advantage of changes in tax exemptions and allowances or changes in your financial situation.

Further Information

• See AngloINFO INFOrmation Page: Inheritance Law in France

Prepared by: Simon Huxford, English solicitor
Gordon S Blair Law Offices, 3 rue Louis Aureglia BP 449
MC 98011 Monaco
Tel: + 377 93 25 85 25, Fax: +377 93 25 79 58
Copyright © Gordon S Blair Law Offices 2002 All Rights Reserved