To express one's last wishes, whether they concern property or personal matters, it is possible to write a authentic willA document that differs from holographic and mystic wills, and which offers several advantages for effectively organizing your estate. Discover its characteristics. its advantages and disadvantages.
What is an authentic will?
According to Article 895 of the Civil Code, "a will is an act by which the testator disposes, for the time when he no longer exists, of all or part of his property or rights and which he may revoke." There are three types: the holographic will, authentic will and mystical testamentWhat is an authentic will?
The procedure for writing an authentic will
Like other types of wills, a notarial will allows you to manage your estate while ensuring your last wishes are respected. It must be dictated to a notary in the presence of two witnessesor a second notary. The notary then reads the will to the testator for verification. After any necessary modifications and validation, all those present sign the document.
Following this process, the notary keep the will in the study and registers it with the Central Register of Wills (FCDDV). It can then be easily found after death when the estate is opened.
How do I cancel or modify this type of will?
A notarial will can be modified and revoked at any time until death, and as many times as you wish. The testator must notify the drafting notary so that a new act It is possible to have it drafted, thus canceling the first one. It is also possible to have it drafted. a codicilThis means a document that amends the previous will instead of replacing it. In this case, the testator only specifies the changes they wish to make to their last wishes.
What are the advantages of a notarial will?
In France, the holographic will is the most common. However, the authentic will offers undeniable advantages for those who wish to mastering one's succession and organize the management of his estate.
A will that is difficult to contest
An authentic will is a so-called "public" document, drawn up before a notary in the presence of two witnesses or a fellow notary. It therefore presents less risk of dispute or revocation, whether a holographic will or a mystic will. The document will include precise legal terms and will comply with the Civil Code. The testator's wishes will be respected, as will the law.
Drafting facilitated by the notary
It's not always easy to know if your wishes regarding inheritance are possible, let alone to express them in writing. By consulting a notary, you obtain advice as well as a clear writing and precise. A notarial will is also ideal for people with difficulties writing, or even an impossibility, whether they are elderly or disabled.
Registration in the Central Register of Wills
Registration with the FCDDV by the notary minimizes the risks loss, damage, theftbut also the possibility of forgetting the will. Indeed, when it is kept elsewhere by the testator, the holographic will may not be found by the heirs, and therefore may not be applied.
What are its disadvantages?
On the other hand, several aspects of the authentic will may deter some testators, who may prefer to make a holographic or mystic will.
A rather cumbersome formalism
First, a valid will requires find two witnessesThese witnesses cannot be the testator's parents or heirs, nor the clerks of the chosen notary. If no witnesses are available, the notary must contact a colleague from another studyFinally, a meeting with all of these people must be arranged, which can be quite complicatedFurthermore, any modification to the will must be carried out in the same way: by notarial deed with witnesses. Due to this rather cumbersome formality, those who plan to regularly amend their last wishes may prefer a holographic will.
A document drawn up in the presence of witnesses
The presence of two notaries, or one notary and two witnesses, during the drafting of a will may be awkward for some people. However, it also guarantees impartiality, since notaries are subject to the professional secretEspecially since it can be easier to confide in professionals than in loved ones.
What about its price?
Since an authentic will is a notarized document, it is more expensive than a holographic will. Expect to pay €113,19 (excluding VAT) drafting fees. On the other hand, you will not have to pay any custody fees and no opening fees will be charged to your heirs.
To organize the transfer of assets, designate a beneficiary, specify funeral wishes, or choose an executor, drafting a legally binding will is an ideal option. Difficult to contest or revoke after the testator's death, this document will allow you to to respect his last wishesOnly its rather cumbersome formality might make a will written by oneself, without the intervention of a notary, preferable.
