Making a will in France is not always necessary, but it is easy and cheap enough to accomplish if needed.

Those of you who have even a cursory acquaintance with French inheritance laws will know about the system of forced heirship in the country, which grants automatic inheritance rights to your children.

These laws leave limited discretion to whom you can bequeath assets, although it is possible to fully protect your spouse or partner through a French marriage contract, the use of a French property company (Société Civile Immobilière), or ownership of property en tontine.

Once you have come to terms with the laws and your options, it may then be time for you to consider making a will in France.

This is particularly recommended if you become resident, as it will then cover real estate you own in France.

If you are not resident in France, or you own the property through an SCI, then a will made in your home country would be all that is necessary.

Procedure

Although it is possible to prepare a will in your own handwriting (testament olographe), we would strongly recommend you make a will through the auspices of a notaire - a testament authentique.

Wills made in your own handwriting as a testament olographe have to be very carefully prepared, and errors or ambiguity can lead them to later being declared void.

Of course, the fact a will is prepared in front of the notaire does not guarantee there will be no errors occurring in the process. However, you or your inheritors do at least have the right of legal recourse against the notaire if they have not done their job properly.

Later legal challenges to wills do sometimes occur, but more often than not this is because the testator has made a false declaration, which the notaire cannot verify!

The notarial procedure requires the involvement of two notaires, or at least one notaire and two witnesses.

The cost of the process is fixed by law, and should be no more than around €170. You may need to pay more for translation assistance.