A will is a legal document that enables you to outline your final wishes while alive. It covers the distribution of your assets, as well as preferences for funeral arrangements, organ donation, and more.
Anyone of legal age (for those aged 16-18, only half of assets can be bequeathed) with full mental capacity and the ability to dispose of their property can create a will. The person making it is known as the testator. This document offers significant advantages rooted in French inheritance law.
Under French law, you cannot fully disinherit children or a surviving spouse (protected as compulsory heirs). However, you can name beneficiaries—individuals, associations, or foundations—for the freely disposable portion of your estate, known as the "disposable quota."
Assets transferred via will are legacies, which can be real estate or personal property. Three types exist: universal legacy (all assets to one person), legacy by universal title (a share of assets), and specific legacy (particular items).
A will allows you to detail personal preferences, such as burial or cremation, funeral details, or organ donation. You can also appoint a guardian for minor children or acknowledge a child.
To ensure your wishes are followed, name an executor (one or more people). They oversee estate administration, potentially managing property sales or investments as specified.
Wills are not set in stone. You can revise, add to, or revoke it anytime by drafting a new one, amending provisions, or destroying the original.
A will must be in writing, either prepared solo by the testator or with a notary.
Notarized wills come in two forms:
A self-written will is a "holographic will." It must be entirely handwritten (not typed), dated (day, month, year), and signed to be valid.
Note: Recognizing a child requires a notary.
You can still have a notary store your holographic will, registering it in the Central File of Last Wills (FCDDV), accessible during estate settlement by notaries or with a death certificate.