Do I need to register my French Will? How do I register a French Will?

Question:

I am British and have lived in France for many years. Can I just keep my handwritten “olographe” will at home, or must I register it?  If so, how do I register a French Will?  

Answer:

The Registration of handwritten “olographe” Wills in France is not legally necessary until the Will takes effect on death, it only then has to be registered.

So, yes, you can keep your Will at home if you like, but you’d need to make sure that your loved ones know where to find the Will, but you run the risk that it might get lost, overlooked, or destroyed.

Many French residents do choose to register the Will so that there is a record of the Will, and so that it can be located in the event of death.

In order to register a Will in France you need to ask a French Notaire to register your Will.   You need to take proof of identity and address with you, the cost is 40 to 200 Euros.  If you live in France, your Notaire can also register your UK Will for you.

The Notaire will then contact the Wills Register “Fichier Central des Dispositions de Dernières Volontés”, (FCDDV) although the FCDDV does not store the Will, it just notes the existence and date of the Will of a particular testator, and which Notaire stores it.

The registration of a Will by the Notaire does not confirm the validity or effectiveness of the Will – it is not a Will checking service.  I have seen some pretty dreadful and dangerously ineffective Wills that have been registered (in more than one case even failing to even specify any beneficiaries).

When a person dies, the Notaire searches the Wills register to see if a Will has been registered and which Notaire to contact for the original Will.  The details of the Will are not disclosed until death, and then only to the beneficiaries.

John Kitching

Director

French Law Consultancy Limited

Original text of an article posted in Connexion France magazine May 2021