Validity requirements of a French Holographic Will

Whilst a valid English Will can cover French assets, it is sometimes preferable to have a French Will in place instead.

Among the various types of French Wills available, the holographic Will stands out for its simplicity and accessibility, requiring neither witnesses nor the involvement of a Notaire. However, this apparent simplicity comes with strict formality requirements, which, if not observed, can lead to the Will being invalidated and the testator’s intentions set aside.

The formality requirements are set out at Article 970 of the Civil Code, which provides that a holographic Will is valid if it is handwritten in its entirety by the testator and signed and dated by him.

An English-style typed Will would therefore be invalid, even if it is signed and dated by the testator. By contrast, it is possible to use a template if the testator’s own free will and intentions are clear; this would typically be the case where the draft Will was prepared by a legal professional in accordance with the client’s instructions following advice.

Whilst it is preferable to write the Will on clear A4 paper, the courts have accepted various written supports, such as handwriting on a notebook, at the back of an insurance policy or even on the side of a washing machine! French holographic Wills are usually shorter than English Wills; however, if more than one page is needed, it is possible to write on the reverse side, or a separate sheet, but there must be a clear link between the pages.

As for the signature, it is advisable to use the full name, although signing with initials or a nickname would not automatically invalidate the Will if the testator routinely used this form during his lifetime. However, the signature must strictly appear at the end of the document after the text. Indeed, there have been instances of Wills declared void where the testator’s signature appears in other places, such as at the beginning of the text.

The Courts are, however, more pragmatic regarding the date, as they will consider all available evidence to ascertain the approximate date and the testator’s capacity at the time. A Will where the last of the four digits of the year was missing was, for instance, valid as it was accepted that it was the last expression of the testator’s final intentions and there was no evidence to suggest that the testator had lost capacity.

Finally, the Highest Court clarified in 2021 that the Will must be written in a language which the testator understands; thereby invalidating a French holographic Will written in French by a German testator even though a translation had been provided.

Whilst a January 2025 ruling clarified the position for international Wills, setting out strict validity requirements (including the involvement of a Notaire and a court-appointed interpreter), a French holographic Will should be written in the testator’s native language unless fluent in French, though professional guidance should help navigate through the many pitfalls when preparing Wills in cross-border contexts.

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If you have any questions or would like advice on trusts, please get in touch with our specialist French Legal Services team through this website or by calling 0330 404 0768