In France, it is possible to make a Will in your own handwriting (testament olographe), without recourse to any formal process.
Nevertheless, due to the complexities of international law, many international property owners have a Will drawn up under the auspices of a French notaire (testament authentique), often in collaboration with their home country legal advisors.
In a case that was recently heard in the French Supreme Court, the Cour de Cassation, a woman of Italian nationality died leaving 3 children to succeed her, as well as a grandson, whose own mother was deceased.
The Will was drawn up in the French language by a notary in the presence of 2 witnesses and with the assistance of an interpreter establishing the 3 daughters as legatees of the estate.
The grandson, who had been excluded as a beneficiary, brought a legal action for nullity of the Will.
In the case, the testator spoke and understood only the Italian language.
Since 2015, the French Civil Code provides that when the testator cannot express her/himself in French, the dictation and reading may be carried out by an interpreter chosen by the testator from a national list of accredited judicial translators, as occurred in this case. However, in this case the will had been drawn up in 2002.
When the case was heard in the Court of Appeal, the judges validated the Will, considering that it respected the exact wishes of its author, and that it had been carried out in accordance with French law.
However, this ruling was overturned by the Supreme Court, who drew on the Washington Convention of 26 October 1973, which governs the form of an international will.
According to the court, the Washington Convention provides that an international Will may be written in any language in order to facilitate the expression of the author's will, but that it may not be written in a language that the testator does not understand, even with the help of an interpreter.
The Civil Code in France merely provides that when the testator does not speak in French, an interpreter approved by the court may make up for this difficulty. This was not sufficient for the court who, relying on the Washington Convention, preferred a higher level of security.
Indeed, last year the French courts also ruled void a Will prepared without the assistance of a notaire, by a German national, as it was written in the French language, which he did not understand.
As a result of this ruling, for those who do not have a strong understanding of the French language, the solution would seem to be to have the Will prepared in a language you can understand, and to then have it translated into French by an accredited judicial translator. In all cases it is desirable to lodge the Will with a notaire and then onto the central register, the Fichier National des Dispositions de Dernières Volontés - FNDDV.
UPDATE: A further ruling of the Supreme Court in this case in January 2025 states that a will drawn up in a foreign language the testator does not understand is valid, provided they are assisted by an interpreter.
John Kitching, a legal specialist in French inheritance law, comments that: "It is perfectly acceptable to write a Will in your own handwriting and in your native tongue, but we caution against the use of templates or DIY Wills as there are frequently legal, practical and tax problems that can be encountered under cross-border estates. You should only write in French if you are fluent in the language."
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