Do I need to make a will?

There are many cases where making a will – un testament – is not necessary, such as when there is no surviving spouse and everything is to pass to your children.

However, under French inheritance rules a will can be essential to dispose of the quotité disponible (see here) other than to the héritiers réservataires or to indicate certain preferences for which some discretion exists, such as special provisions for your spouse.

The 'reserve' rules may be avoided, if you so wish, by opting in your will for UK law, for example, to apply to your estate (see here) if you are British. Anyone with a non-French nationality can also opt for the law of this nationality to apply to their estate (however, see here about 2021 French law).

It is rare for executors to be appointed, although it is possible for a will to designate them (called exécuteurs testamentaires). If so, they do not have the same status or functions as in the UK. 

The estate does not vest in them and the functions of valuing and distributing the estate and all tax matters are dealt with by a notaire.

Their role is mostly to advise and assist the notaire and their appointment lapses two years after the will is opened. If you wish to appoint one obviously check with the person beforehand that they consent.

Another option is a mandat à effet posthume, appointing a mandataire (representative) to ensure your estate is administered properly to the benefit of the heirs. This is done by notarial deed and only if there is a 'serious and legitimate' concern eg. if the estate includes complex property such as a business, or an heir is a vulnerable person such as an adult sous tutelle (under guardianship). If there is a mandataire and an executor, the latter's decisions take priority.

Wills in France fall into one of four types, with the added possibility for a foreign person living in France to make a will in their country of origin so for example a British citizen resident in France to make an English or Scottish will.

Wills can relate to all of your goods or only to part of them, or to one or more specific items.

A person named in a will to receive a specific bequest is a called un légataire, as opposed to the term héritier, which refers to a legal heir to a share in the estate.

A bequest is un legs, pronounced either like lait or 'leg'. A bequest may be for a specific item (eg. a painting) or a certain part of the estate (eg. all moveable property). 

One can also choose to leave ‘everything’ to a so-called légataire universel, though under French law they will only receive what is left after any obligatory shares to heirs are paid out.

Notaire Pierre Lemée from Pont L’Evêque in Calvados, said: “Making a French will is generally a good idea for English-speaking residents and, if it’s not too complicated, we generally advise having it written in French which avoids translation and other procedures. Making a will also allows them to clarify which country’s law is concerned.

“However if it’s in French, it’s important that the testator understands French.

Someone who has very little French should visit a notaire who speaks English and draw up an English-language one, because the will is literally your ‘will’ – if you don’t speak French, I’m not keen on your wishes being expressed in a language you don’t understand.”

Mr Lemée said that even if you opt for the simple testament olographe, which can be drawn up alone and free of charge, it is advisable to at least have it checked by a notaire. 

“Sometimes people who do it on their own don’t realise all the consequences of what they’re writing and don’t use the right terms – the average man on the street doesn’t grasp the difference between un legs universel*, à titre universel** or legs particulier***.

“So there are certain technical terms that can be used, or if not then at least very precise language must be used. I’ve seen wills where I didn’t know what the person meant. As a notaire, if I’m advising someone I’m not going to accept a will I don’t understand.” 

He said he has also seen wills where basic mistakes were made such as omitting to sign it at the end. He said the ideal solution is to take advice from a notaire before you write a will so as to avoid problems. Any assistance (prior advice or checking) will be billed, in agreement with you, on a one-off basis and there is no set tariff for this.

The costs may be higher in more complex situations such as where the effects of the will in several countries must be researched.

Mr Lemée said the main fixed-tariff fee [€136] relates to the drawing up of a testament authentique (see here), which is a will that must be prepared by a notaire.

* a bequest of the whole estate, minus any reserved portions

** 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 a third

*** a bequest of a specific item