Does a Notaire need to register my English Will in France?
Question
I am a French resident and my sole property is in France. I have a will that I made in English under UK law. Do I now need to have it confirmed by a French notaire? RD
Answer
If the Will is an English Will, then validity is determined by section 9 of the Wills Act 1837, rather than whether or not it is confirmed by a Notaire or registered, although a Notaire does need to be satisfied that it is valid, and does then need to register it in France.
The requirements of Section 9 of the Wills are that no English Will is valid unless:
· It is in writing, and signed by the testator, or by some other person in his presence and by his direction.
It appears that the testator intended by his signature to give effect to the will.
The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the time, who also sign the Will whilst with the testator.
Registration of Wills in France is not necessary until the Will takes effect on death, it then has to be registered.
Many French residents 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.
It is possible to ask a Notaire to register a French Will or an English Will. You need to take proof of identity and address with you, the cost is around 40 Euros to 200 Euros.
On death, 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.
I would recommend having your English Will checked by an expert, to make sure that it is relevant to your current circumstances and that it does not contain some of the many pitfalls of English Wills, such as appointing Executors and Trustees who are not the immediate beneficiaries, and generally checking the use of Trusts, and the relevance of any choice of law (whether implied or express).
If all of your assets are in France, and you are not disinheriting children, it may be easier and much less expensive to have a simple French Will allowing the estate to be administered under French law.
John Kitching
Director
French Law Consultancy
Original draft of an later edited Article for the October 2020 Connexion France magazine