Making a will in France

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ARRANGING a French will for your property and belongings in France is not only a good idea, it is likely to save you some money.

Relying upon a will made in the UK may produce a lot more work for your legal representatives and cause problems regarding the payment of any taxes due.

Your French will can be made up by a notaire in France or by a legal representative in the UK.

A distinction is drawn between moveable and immovable property.  Immovable property is basically land and buildings. Movable property is everything else.

If you have already made a UK will make sure that one does not unwittingly cancel out the provisions of the other.

The two main types of will in France are Testament Olographe and Testament Authentique.  There is a third, a Testament Mystique, which is a secret will but is rarely used.

The Testament Olographe is the most common and is written out by hand by the person making the will.

No witnesses are required and once it is completed it is handed to a notaire who sends a copy to the central will registry (fichier de dernières de volontés).

A Testament Authentique is drawn up by a notaire following instructions from the client and must be witnessed either by two notaires, or one notaire and two other witnesses.

This type of will is automatically registered with the central will registry.

The cost of writing up a will in the notaire’s office is around €50 and if you are lucky it may be possible to arrange your will at the same time as your house purchase is going through.

Also make sure that you keep a copy of your will in a safe place that can be easily accessed by your next-of-kin.

It is important that you take proper legal advice, as French inheritance law can be a complex, and expensive, subject.