Clarifications and questions and useful vocabulary

Wills in France come in several kinds, with the added possibility for a foreign person living in France to make a will in their country of origin - allowing, for instance, a British citizen resident in France to make a will in their home country.

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

Understanding French terms

A person named in a will to receive a specific bequest is 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 movable 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.

French wills should usually be written in French, but if so the person who's will it is must have good French so there is no doubt over their understanding of its contents. Otherwise, you may visit a notaire who speaks English and draw up an English-language one. 

You may also write a valid French hand-written olographe will in English if you wish, though it will have to be translated after you die. 

If you do take up the olographe option, it can be advisable at least to ask a notaire to check the will, to make sure the correct terms have been used and there is no ambiguity.

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 other than to the héritiers réservataires or to indicate certain preferences for which some discretion exists, such as special provisions for your spouse.

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 US. 

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.

Another option is a mandat à effet posthume, appointing a representative to ensure your estate is administered properly to the benefit of the heirs. This is done by notarial deed.

Can a will be changed or revoked?

Wills may be revoked at any time prior to the death of the testator.

One will does not automatically annul another, so if you wish this to be the effect, this should be clearly stated in the will.

Revoking previous wills is usually the simplest course of action, however if there are two wills which make stipulations about the same property, then the one with the latest date would prevail.

You can also make an addition to an existing will in a document called a codicille. 

After a person dies a will may occasionally be cancelled or modified by a court following a legal challenge (eg. by dissatisfied members of the family, with the help of an avocat).