Partner article: How are conflicting wills handled under French inheritance law?

Reader Question: My aunt died as a French resident in 2022. She made a fairly recent handwritten will in French to leave her estate to me, her nearest relative, and listed her bank accounts and house specifically. However, the notaire also has an old French will which left everything to her then husband (long since divorced). The notaire says the new will does not revoke the old one, and it is clear her intention was to leave me only those listed assets, and the rest to him. I know she did not intend that. Can you help?

Unfortunately, this uncertainty arises as the new will does not appear to have an express declaration to say it revokes all former wills. This is a standard phrase for an English will, but not always included in wills prepared in France, especially homemade wills.

It sounds like your aunt left specific items to you but maybe forgot to refer to the rest of the estate as going to you too. As such, that part must pass on intestacy rules, or under another co-existing compatible will that has not been revoked.

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

Under article 1036 of the Code civil, unless the terms of an old will are incompatible with the new will, they remain valid unless expressly revoked. In your case, this seems to be the case.

Under English law, any inheritance left to a divorced partner (or their appointment as executor or trustee) under a will is disregarded as void, but the rest of the will remains intact.

However, there is no such presumption in French law. A person going through divorce needs to make a new will and expressly revoke the old one (or sign a change of wishes declaration in front of a notaire), otherwise their ex-partner may well still have a claim to the estate.

As illustrated, it is important to seek professional advice when making a will.

In your circumstances, you may be able to amicably discuss things with the ex-partner, or perhaps ask a specialist avocat in France if there is any merit in asking a judge to interpret the wishes of the deceased, if you can find supporting evidence and testimony. That, however, is beyond my expertise.

John Kitching is a director of French Law Consultancy Limited