How to make a will

As explained below, the most common and simple kind of will is a testament olographe, which you can write on your own, without witnesses.

Before writing a will you should make a list of all of your possessions, whether real estate (immeubles) or moveable items (meubles), the latter referring to actual objects as well as, for example, bank accounts and shares.

Try to estimate the value of each item so as to help you decide how to share everything out.

If using the olographe option it is best to write it on a computer then copy the print-out by hand. Make sure you have not missed anyone out that you want to include and that you have included all the important items of your estate.

If your health does not allow you to prepare and write it out on your own, it is best to ask a notaire for help. The will does not have to be in French, but it is preferable.

The identity of the beneficiaries should be spelled out clearly in detail (ie. do not say “I leave my house to John”) - but indicate John's full name, address and relationship to you.

Preferably the will should be on a single sheet, but if there are more than one, number the pages, indicating on the first page the total number, and initial each page at the bottom.

It is usual to conclude the will with the phrase: fait et écrit entièrement de ma main le [day, month, year] + signature (made and written entirely in my own hand, on the __).

Dating it at the end is important. It provides confirmation that you did it when you were of sound mind and, if there is more than one will, it will be used to see which takes precedence. The signature at the end shows you approve of the whole contents. Use your typical signature, such as the one you use to sign cheques.

A will cannot be made by a video or audio recording nor can an olographe will be typed, it is also best to stick to simple white writing paper and black ink (though a will in the correct format was once accepted written on the side of a washing machine!).

It must be written and signed alone (for example you should not write or sign it together with your spouse or partner) and it must only relate to your estate. Avoid making any photocopies, which could cause confusion.

The court of Metz once rejected the validity of a will made by text message.

Writing to his sister, just before taking his own life, a man with three children had left ‘the disposable part’ of his possessions to his mother – however his estranged wife contested its validity. The lawyer for the mother argued that the rules on handwriting impose too strict a limit on the “fundamental right” to leave one's property as one wishes and are therefore unconstitutional.

However the court refused, saying the request was ‘not serious’. It said that the requirements “limit risks of falsification, avoid the risk of drafting errors and make sure the testator has reflected sufficiently”.

It is possible to get a notaire to check the terms of the will, retain it in his or her archives and to officially register it at the Fichier Central des Dispositions de Dernières Volontés (see below).

Sometimes people choose to include wording about their funeral wishes in their will, however notaire Pierre Lemée said that it is preferable to put such volontés funéraires in a separate and easily accessible document.

Wording for this could include:

Mes funérailles seront célébrées à l’église de X [address] et mon corps sera deposé au cimetière de X [address] dans un caveau/une fosse pour l’édification duquel/de laquelle il sera prélévé la somme de X sur l’actif de ma succession

Translation: My funeral will be held at the church of X and my body will be placed in a vault/grave for the construction of which the sum of X will be taken from the assets of my estate.

Putting your affairs in order

Many of us put off things like making a will because we do not like to think about death, however because the future is uncertain it is better to think about it sooner rather than later.

There are several other things you could do to make things a little easier, at least in practical terms, for loved ones if you should pass away.

These include:

• Making a list of additional wishes about things that are not covered by your will e.g. pets and personal effects.

• Who to contact e.g. your notaire or accountant.

• A list of all bank accounts, pensions and any other investments. Note that for couples, you should make sure joint bank accounts are listed under your names as ‘M ou Mme’ not ‘M et Mme’ to avoid complications.

• Collate important documents – birth, marriage, death certificates, divorce decrees...

• Note preferences for the funeral arrangements – burial or cremation; religious or secular; particular music and readings. 

This may also be a good time to consider making a ‘living will’ of wishes on future medical care and also organ donation or, to nominate a personne de confiance if you were to be hospitalised.

Le fichier des testaments

Le fichier central des dispositions de dernières volontés (FCDDV), commonly known as le fichier des testaments, centralises information about wills for the whole of France.

It does not contain actual wills but contains details of the testator and of the notaire with whom the will has been lodged. Whatever kind of will you make it can be lodged with the fichier and this is always consulted after a death.

Checking the fichier costs €18 and this can be done online at (click demandeur occasionnel). You will need to post a death certificate to do this.

Costs for lodging a will with a notaire and registering it with the FCDDV are around €100 and, while this is not obligatory, it is recommended so as to make sure that the will is found in time.

l. Holograph will (testament olographe)

This is the most common kind of will in France and it is obligatory that it is written entirely in the testator's own handwriting and that it is for the testator only and not made jointly as a couple.

It is signed and dated (day, date, year) and if there are several pages each page should be numbered and marked with your initials at the bottom.

This does not need to be done in front of a notaire and there is no need for witnesses.

It should be written, if possible, on a single sheet of paper (you can use both sides).

It can be written in English but it is usually better for it to be written in French, using the correct French legal expressions, which will avoid the need for translations and the risk of errors.

You can either do it entirely alone, or with advice from a notaire as to its contents and help preparing a model version.

You can also ask a notaire to keep a copy in their office and to register it for you with the FCDDV. Once so registered, any notaire will in future be able to find out where the will is kept.

This register is also connected to similar ones in Europe, so, for example, a French notaire will be able to locate the Belgian will of a Belgian person who has lived for years in France.

Alternatively, you may simply keep it at home in a place where it will be readily found if you should die. It is also advisable to let your close relatives know you have written this and where it is.

If you wish to make changes to a testament olographe, you could destroy it and write a new one. Alternatively, write a new one stating that it cancels the previous one.

2. Authentic will (testament authentique)

This is dictated to a notaire and written down by him or her in the presence of two independent, French-speaking witnesses or another notaire. It gives greater security.

If the testator is, for a valid reason such as illness, unable to go to the notaire's office, the notaire can visit them at home.

Usually the only requirement to be a witness is to be adult and to understand French. However a will of this kind can be made in front of an English-speaking notaire and be in English with English-speaking witnesses.

A married couple cannot be witnesses of the same will.

If you wish to have a testament authentique drawn up instead of writing your own by hand, there is a set fee for this of €135.83, plus some administrative fees, totaling under €200.

Notaire Pierre Lemée said the testament authentique is legally harder to contest after you die.

“You can also generally make it longer, because it is typed by the notaire or their assistant, and you can have several pages if you want.

“Another advantage is that there are fewer checks to be made after you have died, to make sure of its validity.

“If someone extremely elderly makes a testament olographe there could be questions asked about their soundness of mind; if I draft a testament authentique, and there are any doubts a doctor can be asked to attest that the person fully understands what they are doing.”

3. Secret will (testament mystique)

This is handed to the notaire in the presence of two witnesses, or another notaire, in a sealed envelope. A secret will in theory gives the flexibility of a holograph will and the security of an authentic will - however in practice they are rarely used.

4. International will (testament international)

This can be made in any language and does not have to be hand-written.

The testator declares that this is his or her will in front of two witnesses and a notaire and signs and dates it in front of everyone.

Based on an international convention, these were intended to allow people who were likely to travel and acquire assets in various countries (and who did not know in advance where they might finish their days) to execute a will that would be recognised as formally valid everywhere.

In practice not all countries ratified the convention (including the UK) and they are not widely used. France did ratify it but using this format does not in itself allow you to override local French rules on how you can leave your property.