Making a will that works in France

Do you need a French will?

Not always. A foreign will can be used in France if it is valid as to form, and a notary can work with it once it has been translated. Even so, a separate French will, or a French-law review of your existing will, is often worthwhile:

• English and American wills often rely on executors and trusts, concepts that French law does not apply in the same way;
• the will may need to include a choice of law, which many older wills do not;
• a will written by a French notary, in French, makes settling the estate faster and cheaper for your heirs.

The forms of will recognised in France

Article 969 of the Civil Code lists three forms: holographic, authentic (“by public act”) and mystic.

Form	How it is made	Main advantages	Main risks
Holographic (olographe)	Written entirely by hand, dated and signed by you (Art. 970); no witnesses	Free, private, easy to update	Typed or partly typed versions are invalid; may be lost, hidden or unclear
Authentic (authentique)	Received by two notaries, or one notary with two witnesses (Art. 971)	Very hard to challenge; kept safely by the notary; drafting advice included	Small regulated fee; you must attend in person
Mystic (mystique)	Your will is sealed and handed to a notary with witnesses	Contents stay secret	Formal and rarely used
International	Signed before an authorised person (in France, a notary) and two witnesses; any language	Recognised in all States party to the Convention	The UK and the US are not parties (see below)

The international will (Washington Convention)

The Washington Convention of 26 October 1973 created a uniform form of “international will”, which can be written in any language. According to the UNIDROIT status table (the depositary is the Government of the United States), France ratified it on 1 June 1994 and it came into force there on 1 December 1994. The United Kingdom (1974) and the United States (1973) signed but have not ratified it. An international will made in France is fully valid in France, but in England or the US it will be judged by their own rules on the form of wills.

Will a foreign will be valid in France?

France and the United Kingdom are both parties to the Hague Convention of 5 October 1961 on the form of testamentary dispositions. The United States is not. France applies these rules whatever the testator’s nationality. A will is valid as to form if it complies with, for example, the law of the place where it was signed, the law of your nationality, domicile or habitual residence, or, for land, the law of the place where the land is.

In practice, an English will signed before two witnesses, or a will properly executed under the law of a US state, is accepted in France as to form.

One French rule causes frequent problems. Under Article 968 of the Civil Code, two people may not make a will in the same document. Couples should each sign their own will. “Mirror” wills (two separate wills with matching terms) are fine.

Choosing the law that will govern your succession

Under Article 22 of EU Regulation 650/2012, you can choose the law of a country of which you are a national to govern your entire succession, including your French property. A clear clause might read: “I choose the law of England and Wales to govern my succession as a whole.” A US citizen should name a specific state. The choice:

• must be made in a will or similar document, expressly or clearly implied by its terms;
• prevents French law applying to French property through “renvoi” (see our inheritance guide);
• does not change French inheritance tax;
• does not change your matrimonial property regime, which is decided first and under separate rules.

Wills made before 17 August 2015 may benefit from transitional rules, but it is safer to have them reviewed.

Registering your will in France

Notaries record the wills they receive or hold in safekeeping in the Fichier central des dispositions de dernières volontés (FCDDV), the national register of wills managed for French notaries. After a death, the notary in charge searches the register on production of the death certificate. The register records only that a will exists and where it is held, not what it says. A handwritten will kept at home is not registered unless you deposit it with a notary.

Coordinating with your UK or US will

Many international clients have two wills: one for France and one for their other assets. That works well if the two wills are drafted to fit together.

1. Review your existing wills and your family situation, including children from earlier relationships.
2. Check your matrimonial property regime, which decides what you actually own at death (see our guide for couples).
3. Decide on the governing law and check whether forced heirship could apply.
4. Draft the French will with a choice-of-law clause and a revocation clause limited to the right assets.
5. Register the French will and give a copy to your UK or US adviser.
6. Review both wills after any marriage, divorce, birth, death or move abroad.

Revocation risks

• A standard English or American will often begins “I revoke all former wills”. Signed after your French will, it could cancel the French one. Each will should revoke only earlier wills covering the same assets.
• Under the law of England and Wales, marriage or civil partnership generally revokes an earlier will, unless it was made in expectation of that marriage (Wills Act 1837, s. 18). Reform has been recommended by the Law Commission but not enacted. Rules in US states vary.
• A French will can also affect a foreign one. A general revocation clause in a French will may cancel your UK or US will.
• Make sure both wills contain the same choice of law. Two inconsistent choices create uncertainty.

Sources

Civil Code, Art. 968, Art. 969, Art. 970 and Art. 971; EU Regulation 650/2012 (EUR-Lex), Art. 22; Washington Convention of 26 October 1973 providing a Uniform Law on the Form of an International Will, UNIDROIT status table; Hague Convention of 5 October 1961 on the Conflicts of Laws relating to the Form of Testamentary Dispositions, HCCH status table.

This guide is general information and does not constitute legal advice. Contact the office for advice on your situation.

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