The report of deposit of a holographic will under French law

This article sets out the rules governing the deposit of a holographic will, the role of the notary and the legal scope of the report of deposit.

What is a holographic will

Legal definition

A holographic will is an instrument that is:

• written entirely in the testator's own hand,
• dated,
• signed by the testator.

It is a private deed that does not require the involvement of a notary at the time of drafting.

Safekeeping of the holographic will during the testator's lifetime

Freedom of safekeeping

During his or her lifetime, the testator may:

• keep the will personally,
• entrust it to a trusted person,
• deposit it in a bank safe,
• or hand it over to a notary for safekeeping.

None of these methods affects, in itself, the validity of the will.

Voluntary deposit with a notary

Where the testator entrusts the holographic will to a notary:

• the notary does not take part in drafting the instrument,
• the notary's role is limited to ensuring its safekeeping.

The French Supreme Court (Cour de cassation) has held that the notary is not required to assess the validity of the will, but only to guarantee its custody. Unless the testator objects, such deposit results in the registration of the will in the Central Register of Last Wills.

Obligation to deposit after death

Principle laid down by the Civil Code

Article 1007 of the French Civil Code, in force since 1 January 2020, provides that a holographic will must, before any execution, be deposited with a notary. This formality is mandatory, regardless of how the will was kept during the testator's lifetime.

The report of deposit and opening of the will

Role of the notary after death

As soon as the holographic will is deposited after the testator's death, the notary must:

• open the will,
• draw up an official report without delay.

This report records:

• the opening of the will,
• its physical condition,
• the circumstances of its deposit.

Safekeeping of the will and the report

The holographic will and the report are kept:

• among the notary's official records,
• in the same manner as any notarial deed.

Transmission to the registry of the Judicial Court

Time limit and procedure

Within one month of drawing up the report, the notary must send to the registry of the Judicial Court of the place where the succession is opened:

• a certified copy of the report,
• a full reproduction of the will.

The registrar acknowledges receipt of these documents and keeps them among the court records.

Legal scope of the report of deposit

No validation of the will

The report of deposit:

• does not constitute validation of the will,
• does not prejudge its validity or legal effectiveness.

Any disputes relating to:

• the validity of the will,
• its date,
• the testator's capacity,
• or compliance with forced heirship rules

fall within the jurisdiction of the competent court.

A prerequisite for execution of the will

The deposit of the will and the drawing up of the report are an essential prerequisite for the implementation of a holographic will. No testamentary provision may be carried out without this prior formality.

Issues in international successions

Where a succession involves a foreign element, in particular where assets are located in Spain, a holographic will drawn up in France may produce its effects:

• if the French deposit formalities have been complied with,
• and if the will is compatible with the civil law applicable to the succession.

Coordination between the French and foreign procedures may then be necessary.

For further information

To explore issues relating to wills and international successions in greater depth, you may consult the following pages:

• Inheritance in Spain
• Inheritance tax in Spain
• Wills in Spain