< Back to News & Views
01-05-2025
Understanding the Validity of Foreign-Language Wills in France
A recent ruling by France’s highest court, the Cour de Cassation, has significant implications for international clients who reside or have assets in France. The court has clarified the law under which a Will written in a language not understood by the testator, the person making the Will, can be considered valid under French law.
Background
There are several types of Wills in France:
- A ‘le testament olographe’ which is a Will written by the testator themselves;
- A ‘le testament authentique’ which is a Will drawn up by a notary at the request of the testator; and
- A ‘le testament international’ which is a form of Will that may be accepted in many countries.
Case Summary
The case involved an Italian woman who, in 2002, drafted a Will in French, a language she did not understand. The Will was received by a notary in the presence of two witnesses and with the assistance of a non-sworn interpreter. When the woman died in 2015, her remaining close family consisted of three daughters and a grandson, whose mother, the fourth daughter, had died. The grandson was not included in the Will and therefore decided to take the matter to court to contest that the Will did not express the true wishes of his grandmother. He argued that his grandmother did not understand French, and that the absence of a sworn interpreter undermined the validity of the Will.
The Lyon Court of Appeal upheld the Will, classifying it as a valid international Will under the Washington Convention of 1973. However, upon further appeal, the Cour de Cassation ruled that, at the time the Will was made, French law did not permit the use of interpreters for testament international and if the testator did not understand French, they could not validly execute a testament authentique, even with an interpreter. This meant the Will was deemed invalid and the rules of intestacy would apply.
Key Takeaways
The ruling confirmed that for Wills drawn up after 18 February 2015, which is when updated legal provisions were made, French law allows the use of a court-appointed interpreter when drafting a Will with a notaire. This allows non-French-speaking individuals to create valid French Wills provided certain conditions are met. The interpreter must be officially recognised and appointed by the court. Using an unqualified interpreter can render the Will invalid. If your Will was drafted before 18 February 2015 and involves language considerations, you should assess its validity following this ruling.
Contact:
If you would like to discuss any of the issues raised in this article, or need advice about international Wills, please do not hesitate to contact our Private Wealth Department on 020 7625 6003 or Priya Dhokia (Head of Family & Private Wealth) by email at p.dhokia@fgdlaw.co.uk