How do wills in France work and do I need to make one?

In France, making a will (un testament) may not always be required, especially if there is no surviving spouse and everything is to be passed to direct descendents. 

However, under French inheritance laws, a will is essential for disposing of the quotité disponible (the portion of your estate that is freely distributable), which is distinct from the mandatory share given to héritiers réservataires (heirs to a reserved portion). 

A will can also be crucial for making specific provisions, such as ensuring special arrangements for your spouse or designating particular bequests. 

If you wish to bypass these 'reserve' rules, one option for people with a non-French nationality is to choose the inheritance law of that nationality to apply to your estate, provided you make this choice in your will. 

This is allowed for in a 2012 EU regulation, in force since 2015; having said which, a French law passed in 2021 has created complications with this process, and issues may arise especially in the case where a testator has children from a previous marriage or marriages. 

So, if in doubt, it is advisable to discuss your precise circumstances with a notaire experienced in international inheritance situations. 

Types of will in France

There are four main types of will in France. Foreign nationals residing in France can also choose to write a will based on their home country’s laws. For example, a British citizen in France can make an English or Scottish will. 

A French will may cover all or part of your estate, or just specific items. 

A person named to receive a bequest is called un légataire (a legatee), in contrast to héritiers, who are legal heirs under the French reserve rules.

A bequest is un legs and may be one of several types:

• un legs universel: a bequest of the whole estate, minus any reserved portions

• un legs particulier: a bequest of a specific item, for example a painting

• à titre universel: a bequest of a certain portion of the estate (such as all of the real estate or all of the moveable assets), or a part of the estate (such as a half or third).

The role of executors and mandataires

In France, appointing an executor (exécuteur testamentaire) is rare, although it is possible.

Unlike in the UK, the executor’s role is more advisory, and the estate’s administration is typically handled by a notaire. 

The notaire is responsible for valuing and distributing the estate and managing all tax matters.

An alternative is appointing a mandataire (representative) through a mandat à effet posthume. This is especially useful if the estate is complex, such as when it involves a business or an heir is a vulnerable person. 

If both a mandataire and an executor are appointed, the executor’s decisions take priority.

Writing a French will: why seek advice?

Many notaires recommend English-speaking residents make a French will and also have it written in French to avoid translation issues. 

While it is legally possible to write your own will without help, it is advisable to have even a simple handwritten will (testament olographe) checked by a notaire to ensure the correct legal terminology is used and avoid any misunderstandings or errors.

You may wish to consult a notaire even before you begin writing a will to ensure that your wishes are accurately recorded and legally valid. 

Assistance and drafting a will incurs a fee on a one-off basis. Costs will be higher if the will involves more complex situations.

Choosing law of your own nationality

To invoke the 2015 EU inheritance regulation and choose the law of your nationality (rather than French law) to apply to your estate, this must be specified in your will. 

The regulation applies whatever the nationality of the person making the will and a testament olographe, with the appropriate wording, is one option to ensure this.

Read more: Explained: Overview of how French inheritance law works for property

Changing or revoking a will

You can revoke or change your will at any time prior to your death. 

A new will does not automatically replace any previous wills, so it is essential to explicitly state that the new will revokes all prior documents. 

Alternatively, a codicille (an addition to a will) can be used to amend specific provisions, such as reallocating a bequest if a beneficiary dies before you.

In certain circumstances, a court may invalidate or modify a will after death, especially if there is evidence of the testator acting under duress or making significant errors, or if the will does not respect French inheritance laws.