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PacisLexis Family Law
Will lawyer
For a complete guide on how to make a will, we invite you to read this article!
Definition:
A will is a legal document in which a person (called the testator) declares their intention as to what should happen to their money and property after their death. A will can be updated or removed until the testator death.
Writing a will:
In France a will is called “un testament”. A will enables you to choose who and how your property will be divided or distributed.
In France there are 4 types of will: Testament olographe, testament authentique, testament mystique and international (handwritten will, public will, non-public will, international will). There is no such equivalence within the Common Law.
The way to write a will may vary. For example, public and handwritten wills must be made before a Notary.
Codicil:
A codicil is an amendment to your Will. A codicil is used when you are happy with the contents of your Will but want to make changes.
Will rules :
You have to be over 16 years old, writing it of your own free will and be of sound mind. Also, you have to properly draft clauses to ensure your will reflects your wishes. In France, most of the time, a Notary drafts a will. The costs may vary too.
At PacisLexis Family law, we understand the significance of careful estate planning, and we are committed to guiding you through the process of drafting a comprehensive and legally sound will. Our experienced team of legal professionals possesses in-depth knowledge of French inheritance laws and will work closely with you to tailor a will that aligns with your specific wishes and circumstances. Whether you opt for a holographic, public, or mystic will, we provide personalised and expert assistance to ensure that your assets are divided according to your wishes. We prioritise clarity, attention to detail, and adherence to legal requirements, aiming to provide you with peace of mind regarding the future of your money and property.
Let us help you navigate the complexities of will drafting, offering the assurance that your legacy will be managed in accordance with your intentions.
Will lawyer
Making a will: overview
Why making a will?
Here are some of the reasons you should make a will:
- To control what happens when you die and decide what happens to you money, property and possessions.
- To choose your beneficiaries
- To appoint executor(s)
An executor is the person named in your will who will be in charge for handling your assets and ensuring that your wishes are carried out and to make legal decisions (selling properties to pay off debts for example). The executor can be a friend, a Notary, a family member or a professional. The executor is named in your will or can be named in a separate document, dated and signed.
Who can make a will?
Regarding the french civil law article number 967, “any person can make a will either an heir or gifts and donation or any other to express their wishes”.
A testator must fill up the following conditions:
- Aged 18 or over
- Be sound of mind
- Writing it of their own free will
- Legally capable of managing their assets and property. It means that the testator is the owner and has the rights and responsibilities to do so.
Can a minor make a will?
Yes!
There are 2 situations in that case:
- The minor testator is not emancipated: the testator must be over 16 years old. Only half of assets and property can be divided.
- The minor testator is emancipated: the testator must be over 16 years old and all of assets and property can be divided.
Can a person of 18 years old with a guardianship order make a will?
- Person of 18 years old with a guardianship order called “tutelle” in France:
In France, la « tutelle » refers to a person to act and make decisions on behalf of an adult with incapacity. It’s a legal shield.
There are 2 different « tutelle » :
- This type of guardianship order allows a third party to take welfare and/or financial decisions in respect of an adult who lacks capacity (such as people diagnosed with Alzheimer or dementia.
- This type of guardianship order allows a third party to care of a child or young person in long-term care with someone other than their parents (abandoned children for example)
In France, making a will with this type of guardianship requires the agreement of the Court.
- Person of 18 years old with a guardianship order called “curatelle” in France:
This type of guardianship order is mid-way between « la tutelle” and “La sauvegarde de justice ». This type of guardianship can be in relation to personal welfare and financial matters, but the person can still take action and make some decisions.
In such circumstances, the person can make a will.
- Person of 18 years old with a guardianship order called “sauvegarde de justice”:
This type of guardianship order is for adults who may be vulnerable because of a permanent or temporary disability or illness and need someone to make personal decisions for them.
In such circumstances, the person can make a will.
- Person of 18 years old and over with a guardianship order called “habilitation familiale”:
This type of guardianship order is for adults who may be vulnerable and in that case the guardian is a family member.
In such circumstances, the person can make a will.
Why appointing a lawyer specialised in drafting a will?
It’s usually best to get advice from a lawyer for many reasons:
- For the beneficiaries:
A lawyer can have a conciliation or mediator role as seize the Courts.
- For the testator:
A lawyer mission will be:
- to protect assets from care fees, divorce, bankruptcy etc… and to mitigate your inheritance tax liabilities.
- drafting a will correctly in order to meet the legal requirements for validity.
- will be able to identify all the property and interests and ensure that nothing is forgotten about.
PacisLexis Family Law has an intensive experience dealing with complicated assets and business shares when a business is involved in the legacy process, and with complex family situations.
Our legal team is available to answer questions you may have from inheritance tax liabilities to legal tactics and arrangements to avoid any dispute further down the line.
We will offer you an appointment within 48 hours whether in our offices in Paris or by phone and video calls.
Will lawyer
Different types of wills in France
What is called a “testament authentique” or public will in English in France?
- Drafting the will:
This type of will is drawn up by a notary in the presence of two witnesses or another notary. It is then read out loud to the testator and witnesses, and subsequently signed by the testator, witnesses, and Notary. Therefore, the content and the will are not private and it’s called a public will.
The testator will have to pay the Notary fees.
- Register a will kept after the death of the testator:
The will is registered by the Notary. At the testator death, the Notary will have a read of the wishes to the beneficiaries.
What is called a “testament olographe” in France or holographic (handwritten) will?
As its name, this type of will is easy to make.
- Writing the will
The person making the will writes entirely by hands, dates and signs. Each page must be numbered and signed.
In the UK a holographic will must be executed in accordance with section 9 of the Wills Act 1837 to be a lawful and valid document. It must be signed by the testator in the presence of two independent witnesses.
- Register a will before the death of the testator:
The will can remain secret and kept at the testator’s home.
However, this type of will can be lost, destroyed or ripped. To avoid this, you can file it to a Notary who will register it in a legal database.
The testator can then inform a trustee of its writing and where the will is registered. When the place and the existence of the will is unknown, the will is invalidated.
The validity of such a will can be questioned after the testator death and can be not legally binding. To avoid this situation the testator can seek a Notary or lawyer’s advice.
To be valid, a holographic will must not be full of mistakes, not copied or stained.
What is called “testament mystique” or “non-public” testament”?
– Writing the will
The person making the will writes entirely by hands, dates and signs. Each page must have a number and signed. Once this done, the will is given to a Notary in a sealed envelope.
Two witnesses must be present when the envelope is given to the Notary who will register it in a legal database.
- Register a will before the death of the testator:
The content of the will is secret. Therefore, this type of will is not legally binding. The will can be challenged or cancelled. The will is kept by a Notary. When the testator dies, the Notary will read out loud the will to the beneficiaries.
International will
An international will is necessary for people who have assets in more than one country or live abroad.
In October 1973, some nations signed up the Convention of International wills or the Washington Convention. The purpose was to harmonise the laws of the countries who were involved in the Convention in relation to the format of international wills. The countries are: France, Belgium, Italy, Canada, Portugal, Cyprus, Libya, Niger, Slovenia, Bosnia and Herzegovina.
The will have to be in writing, no matter what language it is written in. The testator will need to declare and sign the will in the presence of 2 witnesses and a Notary. If the testator can not sign the will, the testator can direct someone to sign the will on their behalf.
The Notary will register the will in a legal database.
Can you write a joint will in France?
No!
If you’re a couple for example, you cannot be jointly written a will.
Each family member must write their own and unique will.
Can a will be written in another language other than French?
Yes!
A testator who doesn’t speak French very well can be help by an interpreter. The interpreter translates the terms and focuses on the will of the testator.
A testator who is deaf or cannot read and write can be helped by a sign language interpreter. The interpreter translates the terms and focuses on the will of the testator.
Will lawyer
Costs to register a will
In terms of legacy, there are many legal paperwork so Notary fees.
Costs and fees changed multiple times accross the years in France. Here are Notary fees since 2016. The choice to provide fees since 2016 is rate-based but also because it’s involved wills made before 2016.
Registration costs before May 2016
These fees have been settled by the decree number 78-262 of March, 8th 1978.
The following costs apply:
- To unpaid wills made before May 2016
- To wills with a deposit made by the testator before March 2016
- To wills with Notary fees before March 2016
Subject to additional fees charged by the Notary for a holographic will in the legal database, the rates are as follows:
- Holographic will:
– Will writing: no fees
– Registration and description fees (without VAT): €27.30
– Keeping the will after the death (without VAT): €27.30
- Public and not-public wills:
– Will writing: €117
– Registration and description fees (without VAT): €54.60
– Keeping the will before the death (without VAT): no fees
Registration costs between May, 1st 2016 and December, 31st 2020
These fees have been settled by the decree number 2016-230 of February 2016 related to professional legal fees.
The following costs apply:
– To unpaid wills made before January 2021
– To wills with a deposit made by the testator before March 2020
– To wills with Notary fees before March 2021
Subject to additional fees charged by the Notary for a holographic will (handwritten) in the legal database, the rates are as follows:
- Handwritten will:
– Will writing: no fees
– Registration and description fees (without VAT): €26.92
– Keeping the will after the death (without VAT): €26.92
- Public and not-public wills:
– Will writing: €115.39
– Registration and description fees (without VAT): €54.60
– Keeping the will before the death (without VAT): no fees
Registration costs after January 22021
The rates are as follows:
- Holographic will:
– Will writing: no fees
– Registration and description fees (without VAT): €26.41
– Keeping the will after the death (without VAT): €26.41
- Public and non-public wills:
– Will writing: €113.19
– Registration and description fees (without VAT): no fees
– Keeping the will before the death (without VAT): no fees
Will lawyer
What to put in your will?
Transfer of property and asset definition:
Transfer of property and assets refers to the process of transferring ownership or control of an asset or property from one person to another.
What can be transferred through a will?
Assets that make up an estate include: any property you own, pension funds, jewellery, life insurance, stocks and shares, furniture… However, you cannot transfer a title of nobility or name.
Who are the beneficiaries?
In France, the civil code imposes limits upon how much may be left by Will to a particular person and, you are not free to dispose of your Estate as you wish.
Legal reserve compliance:
Definition of legal reserve: your children are called héritiers réservataires or reserved heirs in English and have an absolute right to inherit part of your estate (not your spouse). The children inherit from the testator and the testator can’t do anything about it as it’s defined by the French law.
Neither spouses, nor sisters, brothers or parents are considered as reserved heirs.
Reserved heirs are (French civil code number 913-1):
- Children, grandchildren: the reserved portion of the property and assets will vary according to the number of children.
If there are no children or grandchildren, reserved heirs are:
- Not-divorced surviving spouses. However they can be in competition with third parties and other relatives.
Freely disposable portion:
The reserved portion of the property and assets vary according to the number of children, but once it has been calculated, the remaining portion is freely disposable to the spouse or any other person. If the testator has decided to make gifts and donations beyond the reserved portion, it can be reduced except if the reserved heirs withdraw themselves from the legacy.
Legal reserve and freely disposable portion rates
1. With children
| Number of heirs | Legal reserve | Freely disposable portion |
| 1 heir | Half of the estate | A half |
| 2 heirs | Two thrid of the estate | One third |
| 3 heirs and more | Three quarters of the estate | One quarter |
2. With no children: surviving spouse portion
| Heirs in competition with the surviving spouse | Legal Reserve | Free disposable portion |
| No competition | One quarter | Three quarters of the estate |
| The surviving spouse is in comptetition with the testator’s mother or father | One quarter | Three quarters of the estate. However, the testator’s mother or father can challenge any gift or donation they made to the testator |
Can a codicil possible in France?
Yes!
Codicil: A codicil is an amendment to your Will. You can amend or remove a will till your death. According to the importance of the amendment you can make a deed in a Notary office.
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PacisLexis Family Law
You want to learn more wills?
With the assistance of PacisLexis Family Law, you can be confident that your will is not only compliant with the current legal requirements but also effectively safeguards your assets and ensures a smooth transition of your estate to your chosen beneficiaries.
PacisLexis Family Law
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