Make a will

Verified 05 October 2026 - Public Service / (Prime Minister), Ministry of Justice

Do you want your last wishes to be respected after your death? For this, you can express them in writing in a will. This document allows you to organize the transmission of your goods (called bequests) to one or more beneficiaries (called legatees). Here are the rules to know when writing a will.

Reminder

To find the existence of a will, you can ask the central repository of last-ditch arrangements (FCDDV).

The will is a writing in which you express your last wishes. For example:

  • Transmit your goods (bequests) after your death and decide on their distribution among beneficiaries (legatees)

To make a will, you must complete the 3 conditions following:

  • Be sane, i.e. possess mental capacities allowing discernment and a sufficiently enlightened will
  • Being of legal age or under the age of 16 (between the ages of 16 and 18), you can bequeath only half of your assets unless you are emancipated minor)
  • Have the legal capacity to manage your assets.

Please note

To be valid, your will must not be drawn up under duress.

If you are major under guardianship, you can make a will only with the permission of the guardianship judge or the family council.

If you are major under family authorization, under safeguard of justice or under curatorship, you can make your will alone.

FYI  

You can't make a will with several people. For example, it is forbidden to write a single will for you and the person you live with as a couple. Each member of the couple must express his last wishes in his own will.

Your will must be written. You can do it alone or in front of a notary.

Drafting a will alone

You can write your will alone. This will is said holograph.

So that it is valid, the 3 conditions The following must be completed:

  • Be written in full by hand (it should never be typed on the computer, even in part)
  • Be dated precisely (indication of the day, month, and year)
  • Be signed.

Please note

You can write your will in a foreign language.

In order to avoid any risk of annulment of your will or misinterpretation (ambiguity, etc.), you can ask a notary for advice in drafting it.

You can keep your will yourself.

FYI  

It is recommended to inform trusted persons about the drafting of a will and its place of preservation. If its existence and location are ignored by all, the will cannot be respected.

You can also entrust it to a notary so that he keeps it. In this case, you can ask the notary to have your will registered at the central repository of last-ditch arrangements (FCDDV). This makes it possible, at the time of death, to make known the existence of the will.

Who shall I contact

Warning  

The recognition of a child in a will must be made before notary, in a authentic will.

Have a will drawn up by a notary

This will is said authentic.

You dictate it to a notary, in the presence of 2 witnesses or another notary. Your witnesses cannot be your parents, your legatees or the clerks of the notary you have chosen.

If you do not speak French and the notary does not understand your language, you can be assisted by an interpreter. If you are deaf or mute and cannot read and write, you may be assisted by a sign language interpreter. Ask your notary.

Once written, the notary will read your will.

You must sign the document. Witnesses or the 2e notary present must also sign the will.

You can keep your will yourself.

You can also entrust it to a notary so that he keeps it. In this case, you can ask the notary to have your will registered at the central repository of last-ditch arrangements (FCDDV). This makes it possible, at the time of death, to make known the existence of the will.

Who shall I contact

Please note

You can also make a will without revealing its contents. This will is said mystical. You give it to the notary in a closed envelope, in the presence of 2 witnesses. However, it is rarely used because the procedure is complex.

The assets you pass on in a will are called bequests.

Please note

You may not, in your will, pass on your property under conditions that are contrary to the law or morals.

Assets that can be bequeathed

The goods must belong to you personally.

It can be houses, apartments, land, etc. You can also bequeath furniture, vehicles, paintings, etc.

However, you cannot bequeath your name or an honorary title.

Beneficiaries of legacies

You must respect the transmission rules imposed by law. The reserving heirs cannot be excluded from your estate. You can therefore freely transmit (to an heir, a third party, an association...) the portion exceeding hereditary reserve. We call this part the available quota.

An heir who has not received a lot equal to his share of reserve may exercise a action in reduction.

Types of bequests

You have the choice between 3 types of bequests :

  • The universal legacy allows you to bequeath all your belongings to a person (called universal legatee). You can designate several universal legatees, the sharing will take place between them in equal parts.
  • The universal bequests allows you to bequeath to a person (called universal legatee) part of your property (half, one quarter...) or one category of your property (real estate only for example).
  • The special legacy allows you to bequeath to a person (called individual legatee) one or more specified goods (a piece of jewelry for example).

The universal legatee and the universal legatee must pay the debts of your estate, in proportion to their share. The individual legatee does not have that obligation.

FYI  

You can make a legacy to associations that are authorized to receive them. This is particularly the case for recognized associations of public utility.

The holographic will is free of charge.

However, if you file the document with a notary, you will have to pay a custody fee.

If you have your will drawn up before a notary, you will have to pay him a fee for this service.

Since January 2021, the following rates apply:

Tableau - Emoluments according to the type of will

Type of will

Drafting costs

Opening and description fees

Childcare expenses before death

Holographic Testament

No fees

€26.41 HT either €31.69 TTC

€26.41 HT either €31.69 TTC

Authentic or mystical will

€113.19 HT either €135.83 TTC

No fees

No fees

FYI  

The notary may also charge you a fee for the registration of your holographic will in the central file of the dispositions of last will (FCDDV).

Until your death, you can change or cancel your will.

After your death, your heirs may, in some cases, seek the annulment of your will in court.

Initiative of the testator

You may, until your death, revoke your will.

Depending on the importance of the changes to be made, you can:

  • Make a declaration of change of will before notary
  • Make a new will canceling the previous one
  • Destroy your will holograph (by tearing it for example).

Initiative of heirs

After your death, your heirs can sue for the annulment of your will. This request must be made by assignment. Cancelation can be requested in the following cases:

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Failure to fulfill obligations under the will

A will may require the legatee to fulfill certain obligations (for example, to pay an annuity to a specified person).

If the legatee does not fulfill his obligations, your heirs may request the annulment of the will in court.

Your heirs must request cancelation within 5 years from the day on which the legatee has ceased to discharge his duties.

The judges determine whether the alleged facts are serious enough to allow the will to be annulled.

Ingratitude

Your heirs may request cancelation for ingratitude if the legatee has committed any of the following acts:

  • He tried to kill you
  • He has committed offenses, insults or serious harm to you
  • He committed a serious insult to your memory.

Your heirs must apply to the judge for annulment.

Your heirs must request cancelation within a period of1 year from the day your heirs became aware of both the facts and the will.

The judges determine whether the alleged facts are serious enough to allow the will to be annulled.

Failure to comply with the formalism of the will

Your heirs can request the cancelation of your will if it was not written correctly.

For example, a holographic will undated may be canceled.

If you have not signed your will, the cancelation may also be requested.

Your heirs must apply to the judge for annulment.

Your heirs must request cancelation within 5 years from your death or the day they become aware of the will.

Insanity of mind of the testator

Your heirs can request the cancelation of the will if you were not sane at the time of writing. This means that you did not possess the mental capacities for discernment and a sufficiently enlightened will.

Your heirs must apply to the judge for annulment.

Your heirs must request cancelation within 5 years from your death or the day they become aware of the will. They must prove the existence of a mental disorder at the time of the act.

Incapacity of the beneficiary of the leg

You cannot bequeath your property to certain people.

For example, you cannot pass on part of your inheritance in your will to the doctor who treated you during the illness you died from.

Nor can you bequeath your property to your guardian or trustee.

Your heirs must apply to the judge for annulment.

Your heirs must request cancelation within 5 years from your death or the day they become aware of the will.

Who can help me?

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