top cx logo
cx logo
Explorearrow down
search icon

Can I destroy my old will now I have a French one that elects UK law?

Partner article: French wills electing UK inheritance law on an estate do not always include vital information. Check before destroying your old will.

Older couple sign will document with professional

Do not destroy your old will without legal advice Pic: goodluz/shutterstock

Reader question: My notaire has done a will electing UK law. Can I now destroy my old will, as it had no election of law in it? I want to leave everything to my spouse, and then to children.

I have seen a few very dangerous French wills recently, drafted by notaires, with the intention of electing English law.

They are surprisingly lengthy, but the only thing they do is make an election of English law. They do not, for example, state that they are NOT intended to revoke former wills, nor that they are to be complementary to them. They do not name beneficiaries; they do not name executors. They simply declare that this is the will of the deceased and elect English law.

Some that I have seen do actually revoke all former wills, elect English (or even “British”) law, but do not name any beneficiaries.

Read more: International wills can be misleading

Read more: No court case yet over law impacting some foreign law wills in France

If the will is valid, the election of law is valid. Unfortunately, if the will states that it revokes all former wills, then it leaves the estate intestate if beneficiaries are not named.

It is possible that the French will is silent on revocation. It might then be possible to claim it was not intended to revoke any parts of previous wills that do not contradict the new one. 

However, it would cause huge confusion and could require court intervention to ascertain the true intention of the testator. At best, it would require an expert opinion prepared by a specialist lawyer to confirm the will’s intention and legal effect.

 

If intestacy laws apply, the order of people who inherit is similar under French and English law. In some cases, the inheritance the surviving spouse receives under English intestacy is even less favourable than under French law.

Not all notaires have done this, so do not panic. I would, however, suggest retaining your old will – at least until you have sought expert advice.

Author: John Kitching, French Law Consultancy. French Law Consultancy provides French legal advice

 

Find help with navigating life in France with our new Reader Questions newsletter

Sign up for our pick of the week's questions from readers answered by The Connexion team – delivered to your inbox every Saturday.

See what other readers like you are asking including: How often is a rabies shot for dogs required for France-UK travel? ​​Can foreign residents benefit from France's pension top-up benefit? and more. 

Sign up for the free newsletter

Related articles

How to make a French will: Essential rules and nine pitfalls to avoid

Can I simplify my wills for my properties in the UK and France?

Death of a family member in France: Steps to take in days after

Resident or second-home owner in France?
Benefit from our daily digest of headlines and how-to's to help you make the most of life in France
By joining the newsletter, you agree to our Terms & Conditions and Privacy Policy
See more popular articles
The Connexion Help Guides
featured helpguide
Income Tax in France 2023 (for 2022 income)*
Featured Help Guide
- Primarily aimed at Britons, covers pensions, rent, ISAs, shares, savings and interest - and contains general information relevant to readers of other nationalities - Overview of online declarations + step-by-step guide to the French printed forms - Includes updates given automatically after this year's site opened
Get news, views and information from France