We can help you with French holographic wills

Do you need assistance with drafting your valid French holographic will?

Where there’s will, there is a way

It is highly recommended that foreign nationals have a French Will drafted especially in the following situations:

• The foreign national is residing permanently in France and will still have “resident” status up to the time of their death.
• The foreign national owns immovable property in France (for example, an apartment, house, chalet or land).

Obviously, the primary purpose of the will is for the testator to be able to ensure that upon her or his death, there are no ambiguities as regards their intentions, and that their estate is distributed in accordance with their wishes. The testator will also seek, through a Will, to avoid disputes which may arise from unclear intentions and even more so, if a foreign law is to be applied to the estate.

There are three legally recognised French Wills, notably the holographic Will (testatment olographe), the authentic Will (testatment authentique) and the mystic Will (testament mystique).

1. The “authentic” will (testament authentique) in order to be valid, is made in the presence of a notaire and two witnesses or two notaires. The testator, dictates the contents of his or her Will and the notaire types or writes it out. The Will is then read aloud and signed and dated by all parties. The executed Will is then kept by the notaire who will register it with the French Central Registry for Wills (Fichier Central des Dispositions de Dernières Volontés). The main disadvantage of this type of Will is that a testator who resides abroad will normally have to travel to the notaire’s office in France.
2. The mystic Will (testament mystique) : is the least common and rarely used, as considered complex by lawyers. This Will may be handwritten or typed by the testator or their agent. It is then signed by the testator and placed in a sealed envelope, in the presence of a “notaire” and two witnesses. The content is not revealed until the testator’s death when the envelope is then opened. Thus, the notaire is unable to verify the Will’s validity. This leaves the will open to legal uncertainty which is a major disadvantage.
3. The holographic Will (testament olographique): is considered by far, the most cost effective and simple, as the testator is not required to sign this handwritten Will in the presence of a notaire or witnesses. However, whilst the lack of formality is a major advantage ; seeking legal advice before embarking upon the drafting of your Will is indispensable.

Even celebrities make errors and need legal advice. The dispute and legal battle between beneficiaries over the Queen of Soul, Aretha Franklin’s holographic Wills (found under a cushion in her settee) lasted for several years before a decision was handed down in summer 2023 by a Michigan court.

This highlighted the importance of seeking proper legal advice and assistance, if one is to opt for a holographic Will. Without professional assistance, even the best of intentions may be deemed ambiguous and subsequently the will may be contested, as in the above-mentioned case.

Understanding French holographic Wills

A holographic Will is a handwritten document by which the testator expresses her or his wishes regarding the distribution of their assets after their death. Whilst this Will is recognised under French law, it must fulfil specific legal conditions in order to be valid.

• Handwritten: The will must be written by hand by the testator. Documents which are typed or printed will not fulfil the legal criteria of a holographic Will and will be declared invalid.
• Signed and dated: The Will must be dated (day, month and year) and signed by the testator. In so doing, the testator confirms her or his intent and provides a reference for the Will’s validity.
• Clear intentions: The Will should clearly state the testator’s intentions regarding the distribution of their estate, its executors and beneficiaries and eventually the choice of law to be applied to his/her estate. Ambiguities may lead to disputes and legal challenges.

Thus, consulting a French qualified lawyer for assistance with the drafting of your holographic French Will is highly recommended. This will ensure that your wishes will be fully honoured upon your death and irreparable errors may be prevented.

Key aspects of French substantive law to be taken into account when deciding to draft a holographic French Will

Forced heirship: Contrary to the law of several common law jurisdictions, French law includes forced heirship rules. This means that under French law, one does not benefit from full testamentary freedom; a portion of the estate must pass to the deceased’s children or other close surviving relatives if there are no children. Thus, it is essential to understand the impact that these rules may have on your Will.

Matrimonial Property Regimes : If you are married, the regime under which you were married (e.g. community property or separation of property – or if you have opted for a specific pre-nuptial agreement) will affect the distribution of your estate upon your death. Thus, adequate planning will help to align the wishes expressed in your Will with the various regimes.

Tax implications: Inheritance tax in France may have a significant impact on your heirs/beneficiaries. Understanding these implications when drafting your Will, can help to minimize the eventual tax burden on your beneficiaries.

International considerations : If you have assets in several countries, International law and the laws governing these countries, may affect the terms of your will, leaving your beneficiaries with very unpleasant surprises. Where possible, foreign nationals may wish to opt for the law of their nationality to govern their estate. This may in specific circumstances, allow them the testamentary freedom offered by their home country.

Seeking legal advice beforehand and coordinating your French Will with Wills you have in other jurisdictions, is vital to ensuring a cohesive estate plan.

Furley Page’s French qualified lawyers “Avocates”, are able to provide you with the required legal advice and support for the drafting of your holographic Will.

We are also able to liaise on your behalf with the French notaire , should you decide to deposit your will with the notaire for safekeeping and for registration with the French Central Registry for Wills (Fichier Central des Dispositions des Dernières Volontés).

We will assist you to avoid common errors

• Ambiguities and Errors : Our expertise will ensure that your Will is clear and unambiguous, reducing the risk of future disputes and legal challenges.
• Compliance with French law: We will ensure that your Will meets French legal requirements, taking into account the forced heirship rules.
• Tax efficiency: We will be able to point out specific tax implications, or refer you to tax experts if required, in order to optimise benefits for your heirs/beneficiaries.
• Coordination at an international level: We will coordinate your French Will with other international estate planning documents, ensuring a seamless approach.

For further information and personalised assistance contact: Sharon Wilson-Dutin French qualified lawyer “Avocate” at Furley Page Solicitors on 01227 763939 or email swd@furleypage.co.uk