A will For what purpose?

For several reasons

Wills serve several purposes. These include

- to prevent family conflicts, particularly in the case of a blended family, by organizing the distribution of assets and designating beneficiaries within the limits and under the conditions laid down by law;
- transfer to a person who is not an heir. This is particularly the case for cohabitants or civil union partners, who have no rights in the survivor's estate. Partners wishing to bequeath their assets to the other partner must draw up a will. If there are noreserved heirs, it is possible to bequeath all assets to the surviving partner. If there are heirs with reserved rights, the bequest may not exceed the available portion;
- protect minor children, for example by specifying the person who will look after them in the event of accidental death. Wills can also prove useful in tense family situations (divorce, etc.), when they can be used to designate a third party to manage the assets bequeathed to the children until they come of age;
- choose the applicable law in the event of international succession. The European regulation on international successions allows you to choose the law of the State in which you had your habitual residence at the time of death, or the law of your nationality to apply to your succession. In the latter case, the choice must be set out in an international will drawn up by a notary. Please note that this regulation has been signed by all European Union countries except Denmark, the United Kingdom and Ireland, where it does not apply.

In several ways

There isn't just one will, but several different types, each with its own particularities:
- the authentic will. It is drawn up by the notary under your dictation, in the presence of two witnesses or another notary. It is an ultra-reliable notarial deed, and its contents cannot be contested at a later date. You also benefit from the notary's expert advice;
- a sealed will drawn up by the testator and handed to a notary in the presence of two witnesses, in a closed, sealed envelope. Note that in this case, the notary cannot verify the legal content of the will, which opens the door to possible disputes over its content;
- Holograph wills. Entirely handwritten, dated and signed, you can keep it at home or entrust it to your notary. This form of will is very risky, as it can be invalid if the conditions of form are not respected, or of interpretation, if the terms are ambiguous. It can also be lost, stolen, destroyed or falsified if it is not entrusted to a notary.

The "fichier central des dispositions de dernières volontés"
The " fichier central des dispositions des dernières volontés " is a national register of wills and gifts between spouses received and kept by a notary. The notary in charge of an estate can thus trace them and obtain their communication, even if they have been deposited with another notary.

Marie-Christine Ménoire