Making a will in France can be done with the help of our French will lawyers. Such a document must contain information about personal property and its distribution in the event of death. If a will is not made, the rules of inheritance already established in France will apply. In this article, we present details on how to make your will in France, helped by one of our advisors.
| Quick Facts | |
|---|---|
| Types of wills |
– holographic, – authentic, – mystic, – international |
|
Legislation |
French Civil Code |
|
Wills are also known as |
Testaments |
| Property distribution through a will | Children before spouses inherit the estates left in a will in France. |
| Can a will be contested in France? (YES/NO) |
YES |
| Are foreign wills recognized in France? (YES/NO) |
YES |
| A will in France can be registered at |
A notary in France. Our French lawyers can provide legal advice when drafting a testament. |
| French inheritance tax |
Ranging from 5% to 60%, depending on the type of properties, beneficiaries, and the relationship with the deceased who left a will in France. |
| Absence of a will in France |
Inheritance rules apply as stated by the governing laws in France. |
| Inheritors |
– 1/2 of the estate for one child, – 1/3 of the estate for 2 children, – 1/4 of the estate for 3 children |
| Wills and French marriage |
The surviving spouse can inherit the estate. |
| Wills and civil partnerships in France |
To protect the assets of your partner in case of death |
| Wills in a foreign language |
It is preferred to be written in French or translated. |
| Benefits of wills in France |
– assets can be easily transferred through a French will, – it guarantees no family conflicts if not contested. |
| Working with our law firm in France | We assist customers in making wills in France by handling all the legal procedures. |
Making a will according to the laws of France
The spouse and children are the ones who inherit the family properties in case of the death of one of the partners. If there is no spouse or children, then the inheritance is further distributed in the family. Here’s what you need to know about wills in France:
- The European Law adopted in 2015 is valid in France and allows the rules of inheritance in the country of origin to be applied.
- Half of the deceased’s property is passed on to the child in the family. If two children remain heirs, 1/3rd of the assets is given to each.
- There are also cases in which there is no marriage certificate, and therefore, one of the partners does not want to leave the inheritance to the other one. Therefore, a will is needed to mention this.
- In the case of a civil partnership, a will is needed to pass on the properties in case of death.
Making a will in France comes to the attention of our French will lawyers, who can offer you the necessary support to make such a document. We invite you to talk to our team and find out as many details as possible about our legal services, plus explore the following infographic:
How to make a will in France
Foreigners can make a will both in France, to protect the wealth accumulated in this country, but also in the country of origin, if there are other assets involved. Even if there are these two possibilities to make a will, it is important to know that French residents will have to obey the laws of this country.
A will in France can be made with the help of our French will lawyers and will then be notarized. So, you can call on our team of specialists if you want to make a will in France.
UK citizens and wills in France
In the case of British citizens with a will made and registered in the UK, they can be refused regarding the distribution of assets if the French law applies. For example, trustees representing the wills of these citizens are not recognized in France, and a 60% tax may be applied to inherited property. Therefore, it is recommended that British citizens living in France follow the rules regarding the creation of a will in this country, in order to be sure that the distribution of properties is done according to will. We remind you that our law firm in France is at your disposal with complete information and legal representation if you want to make a will.
How is a testament witnessed in France?
The authentic will can be drafted by the notary public, in the presence of two witnesses. All the information and instructions of a testament in France can be drafted and executed in this form, known as the authentic will. The first option is a holographic will for which no witnesses are required. In this case, the testator creates a handwritten will, dates it, and signs it to make it valid. Although it is not mandatory to deposit and register the will with a notary public, it is still recommended. Testaments can also be registered at the central index in France, and a copy of this document can be found at the notary. More about wills in France can be found from our will attorneys in France.
Non-family members and wills in France
The law in France prevents the distribution of assets, according to a will, from being made to those who are not family members. Forced inheritance requires a certain share of the estate to go to family members. However, the testator may also leave some assets to friends or acquaintances outside the family. Ultimately, it is a matter of the wishes of the person making the will and how they want their estate to be divided after death. We invite you to learn more about the applicable legislation for wills in France from our specialists.
International wills are valid in France
If you are a foreign citizen and want to leave a will, you can opt for an international will. This document is based on the Washington Agreement in front of a notary. In addition, drafting an international will can be done in any language and in front of a notary and two witnesses.
We invite you to learn more about the available types of wills in France and to choose the legal services offered by our French law firm.
What is a mystic will in France?
Known as a “mystique will”, this type of will can benefit from confidentiality. Thus, the testator can hand over a sealed envelope to the notary, with the will in question. In this situation, two witnesses will be needed. This mystic will can only be opened after the testator’s death, and then the assets will be distributed according to this document.
Can a will be contested in France?
Yes, even if the will is registered in front of a notary and with FNDDV or Fichier National des Dispositions de Dernières Volontés en France, such a document can be contested by family members or potential successors.
French citizens who consider their inheritance and distribution to be complicated can be represented by an executor or even by a will lawyer in France who can correctly administer the inheritance, depending on what is mentioned in the will.
Choose our French will lawyer for legal advice
The legal support of a French will lawyer is recommended to citizens who want to make a will and ensure that the assets will be properly distributed in the family. Such a legal representative has experience in making a will in France and can provide the necessary assistance to those who want to register such a document, in order to have the guarantee that the family is protected from this point of view.
The successful collaboration with our clients is based on direct communication, professionalism, efficiency, and transparency from the very beginning. Here are some facts about inheritance in France:
- The division of the family fortune in case of death is done equally, 50% for the surviving wife and 50% for the heir child.
- If there are two children, each will receive 1/3rd of the fortune.
- If there are 3 children, then each one has 1/4th of the fortune left by one of the parents.
In addition to legal support for drafting a will in France, our specialists can also help you in other situations. For example, you can work with us if you want to buy a property in France as a foreign citizen. We gladly invite you to contact our law firm in France and seek complete legal advice for the problems you want to solve.