Knowledge Base
Types of French wills
Receiving a French will from a client or relative can feel overwhelming if you’re unsure where to begin. This insightful guide breaks down the different types of wills in France, giving you the clarity you need to move forward..
Different types of wills
1. A “holographic will” (testament olographe)
A holographic will is simply a handwritten will and is the most common type of will in France.
The main features of a holographic will are as follows:
- It must be written entirely by hand and dated and signed by the testator.
- It does not need to be witnessed and does not therefore need to be made in the presence of a notary
- it can be handed over to a notary for safekeeping and registration
2. An “authentic” will (testament authentique)
The word “authentic” conveys the idea that this is a more formal will drawn up in the presence of a notary. The notary writes the will in accordance with the testator’s instructions and then reads it out to the testator, who signs the document along with the notary and two witnesses. The notary then keeps the will and proceeds with formal registration of the same (see Registration of French wills).
3. A “secret” will (testament mystique)
This kind of will is much less common. It is typed or handwritten by the testator, signed, and then closed, stamped and sealed. Once that has taken place, it is presented to the notary or two witnesses. The notary then appends a certificate to the envelope describing its contents and confirming that all formalities have been observed. The envelope will remain sealed until the death of the testator.
If you’re looking at a French will, it may not be clear at first glance which type of will you are dealing with as the title of the document may simply be “TESTAMENT“. Obviously, if it’s a testament olographe, it will be handwritten whereas a testament authentique will likely be typewritten.
Final comments
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Key terms:
Testament: Will/Last Will and Testament
Testament olographe: Holographic will
Testamento authentique: Authentic will
Testamento mystique: Secret will
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