Does anyone have information or experience - Holographic Will

Thank you Chris …

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My thoughts are with you Ann - I trust your ‘partner’ is giving you the support you need.
one day at a time…

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Thank you Carl, he has been very helpful, especialy with the French paperwork and organising other things.
He doesn’t live with me but thought the world of mum and she adored him, always told him that he had a ‘cheeky face’ .
He took mum to visit Paris and other parts of France. His best ‘trick’ was wheeling her into a sex shop and over to all the’ strange bits and bobs’ and demanding very loudly in his lovely French accent what she would like to buy …
Here she is before being ‘abducted’ …

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Having her ashes back with you at home will be very comforting for you as it was for me. She will be where she belongs once again.

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That’s a lovely photo of Mum… great backdrop :wink:

I was hoping to get to see a photo of her and was going to ask you to post one when you were ready. :two_hearts:

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Maybe not a good time to get worked up about undertakers when you’re in the middle of it, but I know you’re made of stern stuff and bereavement won’t change that one jot.

So, I think the funeral ‘industry’ is a blatant “up-yours” scandal, and they take advantage of the bereaved behind a well-polished brass-knobbed veneer of concerned solemnity, when behind the scenes they can be as cold-bloodedly callous as abatteurs, and greedy with it.

As a nurse who has laid out hundreds I have seen behind the screens, actually and metaphorically. Time was when a death was managed by family and neighbourly women and men who knew what help was needed, provided a coffin from a local carpenter, carried or carted the coffin to the graveyard, paid the grave-digger his fee, and expected no return except a decent communal meal and booze-up, to which the cleric was invited, for whom the gathering at the wake tossed a few coins into his greasy curé’s hat. :joy:

I think all bereaved families deserve better than being fleeced by corporate greed, and I like to imagine your Mum might brandish a great quivering day-glo dildo of her choice in their direction from whichever heavenly cloud she’s looking down from now… :sun_behind_large_cloud::point_down::blush:

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Sorry I cant help with the holographic will - having lost my mum a couple of years ago I can feel your pain and recognise the foggy daze you are in just now, but it’s great that you can look back and enjoy memories of her and will have her ashes with you in the garden at home, she will always be with you.

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Just done the English law route. Very straighforward. Took the Notaire 2 months and he said it was very simple and quicker and easier easier than a French will. Also much quicker than the probate route in the UK.

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That is good news David… thanks for the feedback… :relaxed::relaxed:

some words from a book by Philip Yancey… “all day today I have felt her absence as a kind of presence. I think of what she might be doing just now. I pray for her. I miss her”

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Phillip, I guess that these words are special to you, thank you for sending them to me, they say it all xx

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My earlier post was positive about the English will route but I have now read all the posts more thoroughly. We made our wills more than a year ago. We consulted the notaire and he told us that we had to provide a certified and signed translation of the English version of our wills and that it had to commence with the form of words laid down for opting for the European directive.
He speaks English but would not have accepted an English language version of the will or one which did not contain the proper initial form of words. I don’t know anything about holographic wills but I am a bit doubtful on the basis of our experience that an English language will be acceptable in the absence of a signed French version. Of course different notaires take different views of things. There are some wider questions which may not apply here - the notaire would not deal with UK based assets so probate still had to be sought in the UK. And, if there is a UK will also ( needed for a simple probate ) then “this is the last will and testament” of a UK will poses a bit of a problem for the French will…

Each person’s situation is a case on its own. Notaires need to know what is going on, what is planned, what assets are where, in which country… then they can offer best advice.

Incidentally, 3 years ago, if the UK bank account was less than 50k (?), UK probate was not necessary… all done through France… something like that… but, as I say, each case on its own merits.

Hello Ann,

My condolences on your loss.

As a retired (British) solicitor who has lived in France for many years, I have had cause to look at the questions which you have raised. Every Notaire and Avocat with whom I have discussed this matter (incuding a dual qualified English Solicitor and French Avocat) have been adamant that a holographic will made in France and covering French property must be made in the French Language.

However, you might be fortunate and find a sympathetic Notaire who will be prepared (as a Fonctionnaire, on behalf of the French Government) to bend that rule and accept a certified translation.

As for the question of having the UK succession rules apply to an estate, this must have been clearly stated, with the appropriate formal wording, in a very early part of the will prior to any bequests, etc. being set out therein. If that is done then there should be no problem - but do remember that the EU convention permitting this does only apply to the succession itself - not to estate duty or succession taxes, which will be the French ones.

Bear in mind that there are some specialist Avocats who deal with “probate” matters, in addition to Notaires.

I do hope that you will find a sympathetic and flexible French lawyer (they do exist!) who will accept your Mum’s will and act in accordance with it on your behalf.

I should finish by saying that a separate British will should have been made to cover any assets in the UK. One gets over the “last will and testament” issue by stating in the French will that it does not cover property covered by the British will and vice versa in the British will. The wording of both French and British wills must always be very precise and carefully considered in order to be effective.

Sorry to sound a little pedantic but old training and practice is sometimes hard to leave behind.

Bonne chance!

Thanks Melvyn
This is how we did it, and the notaire said fine. If there are any problems it’s too late now in any case !
Her ‘estate’ is very small so will not incur either French or UK taxes, the notaire will be given details of French and UK accounts as will the impôts.
Here’s what I posted on another link…

If it’s any help I made a Holographic will 2 years ago, as did my ‘ex’. We had them checked over by the notaire as we decided on Brussels 1V European directive 650/2012 English law.

Briefly we used … This is the last will and testament of me (full name, if married also include maiden name) born- (date) in (place). now living at ( current address).

I revoke all former testamentary dispositions made by me.

As a British citizen, and is my right under European directive 650/2012 Brussels 1V, I declare that I want English law to apply to the succession of all my assets.

I bequath to … (full names, dob, place of birth) living at …( current address) list what you want them to have

For all subsequent benefactors do include full names, dob, place of birth and current address, and don’t forget to list exactly what you want them to have.

Don’t forget to sign and date it … Signed by me xxxx the (date)

The notaire checked them out and said that they were fine, she never charged us as she said that we had done all the work ourselves.

My mother also made a holographic will the same way, next week I have an appointment with the notaire and will then find out how easy, or not, it is to get the right of succsssion under the directive!