Testament in France

Ordinary wills

The testator can make an ordinary will as a

• A handwritten will or
• a notarized will

Personal will in France

The testator must be of legal age to make a will in his or her own hand. The will must be handwritten and signed by the testator.

The will must state the “year, month and day” of its creation. If the date is missing or incomplete, the will is usually null and void. If the date is missing or if the testator inadvertently gives an incorrect date, the will should nevertheless be valid if the date can be determined from the contents – for example, “on the day the man first set foot on the moon”. A specific place is not prescribed; the date can be at the beginning or end of the will. There is no requirement to specify a place.

The document must be concluded by a copy below the text.

Furthermore, the will must be written in a language that the testator understands.

The notarial will

A notarized will is drawn up with the assistance of a notary. In addition to the notary and the testator, either another notary or two witnesses must be present when the will is drawn up. The witnesses may not be beneficiaries of the will, relatives up to the 4th degree of the testator or employees of the certifying notary. All those present must be fluent in the language in which the will is drawn up. Mere understanding through a translation is not sufficient.

The testator receives a simple copy of the will. The original remains with the notary.

Extraordinary will

A will is extraordinary if the testator’s life is in immediate danger.

Joint will

Under French law, joint wills are prohibited. An exception exists in that the French court must recognize valid joint wills drawn up abroad.

Contract of inheritance

The contract of inheritance is not permitted under French law.

Recognition of wills and contracts of inheritance drawn up in the form of another state

A written disposition of property upon death is valid with regard to its form if it:

• complies with the law of the state in which the disposition was made or the contract of inheritance concluded,
• complies with the law of a country to which the testator or at least one of the persons whose succession is affected by an agreement as to succession belonged either at the time the disposition was made or the agreement as to succession was concluded or at the time of death,
• corresponds to the law of a country in which the testator or at least one of the persons whose succession is affected by a contract of succession was domiciled either at the time the disposition was made or the contract of succession was concluded or at the time of death,
• corresponds to the law of the state in which the testator or at least one of the persons whose succession is affected by an agreement as to succession was domiciled or habitually resident at the time the disposition was made or the agreement as to succession was concluded, or
• corresponds to the law of the state in which immovable property is located, insofar as this is concerned.

Att. Prof. (GTU / Georgien) Dr. phil. Stephan J. Lang