Write one's will

Although it is not pleasant to think of his death, establishing a will is important.

Indeed, this one guarantees that after your death, your last wishes will be respected and that your property will be legitimized to the people you have chosen. To find out about the different steps to be taken and the contents of the process, here is how to proceed.


Who can write a will


Any individual in full possession of his or her means (health of mind and without moral pressure) may write a will, as early as 16 years old. It is imperative to dispose of its property. In the case of unemancipated minors over 16 years of age, it is considered that he has half of the property he would have if he were a major.



The various wills


There are many ways to write your will, but some processes are more secure. You can opt to:


  • the ollograph will: it's the simplest way. It is enough that the testator (the one who writes his will) writes on a blank sheet his last wills, that he dates and signs the document. You can drop it off at a notary to avoid loss or theft. Attention, it is mandatory to write it by hand, to avoid any fraud. Where appropriate, the will may be subjected to a graphological analysis. The disadvantage of this type of will is that the notary will not have knowledge of its contents and therefore will not know if the testator's desires will be compatible with the law, which may be problematic when the leg.

  • The authentic will : less secret, but safer, this will requires the presence of two notaries or a notary and two witnesses. The latter cannot be entitled to the bequest, nor to spouses or other persons of the family up to the fourth degree. In concrete terms, you will dictate your last wishes to the notary, then read it again and sign it after it is written. Undoubtedly, this is the most reassuring way to make his will. You have the guarantee, on the one hand, to remain within the limits of what the law allows, and on the other hand, of the near impossibility of being able to challenge it afterwards.

  • The Mystical Will : it's the least used. It is written before notary but it is the testator who writes the terms, which will remain secret. The will will then be sealed and you will receive an accused proving receipt of it. It presents the same drawbacks as the ollograph will, except of course, doubts about the identity of the drafting one.



What a will contains


The will allows you to affix your last will. You can thus notify the conditions regarding your wishes on your burial, funeral urn, incineration if applicable. In this case you can write a crematic will.


You can write your wills with respect to the guardianship of your children or other family member.


The will will also contain the sharing of your property between the different people you have chosen. Be careful, your family members are reservatory heirs. That is, obligatoryly, they will receive shares of your property. So you have to bequeath the rest of your property, called available quotaty.


The property that will be bequeathed will be the property that you have at the time of your death, not at the time you write your will.


Note: You may designate a testamentary executor, who will be responsible for monitoring the smooth conduct of operations and the respect of your last wishes.



Cancellation, modification of a will


It is quite possible to cancel or have his will changed. If you chose to make an ollograph will, just tear or burn the first one to make the second one.


If you have filed an authentic will with a notary, you must declare the change of will. In any case, any amendment or cancellation renders the previous will null and void.


A third party may request the cancellation of the will for several reasons. Non-compliance with the law, proof that the will was written under moral pressure or blackmail, non-compliance with forms, in case of beneficiaries not authorized by law. The annulment is made in the high court.

For more information, please visit the government website: https://www.service-public.fr/particuliers/vosdroits/F770