Everything you need to know about wills

So that your last wishes To ensure your wishes are respected after your death, you can specify them in a will. This written document is used, in particular, to organize the transfer of assets (called bequests) and to list the beneficiaries (legatees). But how do you write it, and what rules must be followed? Discover the essential information you need to know about the will.

Why and how to write a will?

Writing one's last will and testament is not just for elderly people with substantial assets. At any age, drafting such a document can prove useful for... optimize your successionWhile the law provides general provisions regarding inheritance, a will allows you to make arrangements that respect both your wishes and the law. It therefore offers numerous advantages.

Making a will: the advantages

In an inheritance, certain heirs are protected. These are the reserved heirsThese are the children of the deceased and their descendants, or failing that, the surviving spouse. Following the death, they receive the reserved portion of the estate, a share of the inheritance that is reserved for them.

The remaining portion of the estate, called quota availableThis portion can be freely disposed of through gifts (bequests, donations, etc.). It is this portion that can be defined in a will. The testator can express in writing their wish to have their assets bequeathed to... beneficiaries of his choice Individuals, foundations, associations… A way to better manage the distribution of one's inheritance.

Writing a will also allows you to:

to express one's wishes regarding one's death: organization of the funeral and burial,
to appoint a legal guardian for his children,
to recognize a child,
to appoint an executor of the will, that is, a person responsible for ensuring that the wishes of the deceased are respected.

What rules must be followed?

To be able to write a will, you must fulfill certain conditions :

be of legal age or have obtained early majority (people between 16 and 18 years old can, however, bequeath half of their assets by will),
possessing "mental capacities allowing for discernment and a sufficiently enlightened will",
to have the legal capacity to manage one's assets.

An adult under guardianship may only make a will with the authorization of the family council or the guardianship judge.

To be valid, a will must not have been written under duress. If you decide to write it yourself, without using a notary, it must be entirely handwrittenIt must also be dated precisely and signedIt can also be written in a foreign language.

Can a will be changed?

The will can be modified at any time and as many times as you wish until the day of your death. You can do this by:

to make a new will that will cancel the previous one
tear up your handwritten will,
to make, before a notary, a deed of declaration of change of will.

The different types of wills

In the Civil Code, there is three forms of will The three types of wills are: the holographic will, the authentic will, and the mystic will. In addition, there is the international will, a simplified form of the mystic will.

Inheritance with a will: how does it work?

After a death, the deceased's will must be reported to the notary if it was kept at home. The notary will also consult the central registry of last wills and testaments to find out if the deceased had already handed over a will to a professional. He will then ensure compliance with the conditions of validity of the document and the reserved portion of the estate, and will carry out the wishes of the deceased.

Note: In some cases, heirs may challenging the will of a deceased person : for failure to comply with the formalities of the will, for impairment of the testator's mental faculties, for infringement of the reserved portion of the estate… It is then mandatory to call upon a lawyer.

The holographic will

This type of will can be written independently, without the involvement of a notary, and kept at home. It must be entirely handwritten on plain paper, dated, and signed. The pages must be numbered and initialed, and must contain no erasures or stains. A holographic will has the advantage of being very flexible. However, it can easily be contested or challenged. For this reason, it is recommended to have it registered by your notary with the Central Register of Wills.

The authentic will

A formal will is drawn up by a notary. You dictate your last wishes to the notary in the presence of two witnesses or a second notary, and the notary transcribes them before reading them aloud to you. The document is then signed by the testator, the witnesses, or the second notary, and will be registered with the FCDDV (Central Register of Wills). Drafting such a secure and difficult-to-contest document will cost €113,19 excluding VAT.

The Mystical Testament

Less common in France, the mystic will is given to a notary in a closed, sealed envelope in the presence of two witnesses or a second notary. It therefore ensures complete confidentiality for those who wish to keep their last wishes secret. The only drawback is that it will not have been reviewed by a professional. Thus, it may be unenforceable or uninterpretable if poorly drafted.

The international will

Finally, the international will was introduced in France in December 1994, after having been created by the Washington Convention in 1973. Its main advantage lies in the fact that it is valid regardless of its country of drafting, the nationality of the testator, his domicile, his residence and the situation of his assets.