Drafting and enforcing your last wishes in France: when and how

It is important to know that the last wishes partly concern the organization of your funeral. This is different from advance directives, which help your loved ones and medical professionals make decisions if your health condition no longer allows you to express yourself. In any case, both of these provisions are there to relieve your relatives who struggle to make the right choices in difficult times.

Preparing your last wishes in France: what should be written?

The last wishes can include all types of decisions concerning the funeral but more generally, what will happen to your body and even your estate (in addition to having written a will) after your death. The list of last wishes varies according to your preferences. It can range from a simple choice between cremation and burial to the choice of music played during your funeral.

For this, it is preferable to be aware of all the possibilities in terms of funeral arrangements. Organ donation and body donation to science can also be specified. Your wishes regarding stonework, flowers, the burial site, or even clothing are all questions that should be considered calmly. Feel free to consult our guides for this.

You can write them in the presence of witnesses for greater legitimacy. One or even two people can sign and keep a copy of the document. The dated and signed copy held by the witness provides additional assurance in respecting your wishes.

It is possible to draft your last wishes accompanied by a professional (lawyer, funeral counselor, notary...) and have your loved ones by your side, just as it is possible to draft them alone. If there is a funeral contract, be aware that you will be accompanied by the funeral counselor of your choice and can even mandate them for the authentication of the writings. Your last wishes will be better respected if they are written clearly and unambiguously and with witnesses.

Indeed, when the deceased's relatives are in complete darkness for decision-making, if no document is authenticated, your orally expressed wishes, even implied, will be used. That is why you should not hesitate to address the subject while you are alive to avoid additional pain for your loved ones in the future.

As for the drafting, there is no specific model to follow. Indeed, the last wishes reflect the desires of an individual; they do not deal with what will remain (such as inheritance, which should be addressed in a will) but with what will honor the memory of the deceased person. Since the deceased expresses their innermost thoughts while alive, they deserve to be heard once they have passed away. It doesn't matter how they expressed their last wishes. The authentication of their last wishes is another step, so the deceased decides at least on the format. However, the template letters and models that you find on the internet will help you know how to write using the right phrasing.

The French central file of last wishes provisions

It is therefore preferable to have your last wishes authenticated. The date and the authors of the signatures (if witnesses), as well as the funds made available, must be certified by a public officer appointed by the State. This officer - the notary - can also, after reviewing, check the conformity of your wishes with the law and ensure that the text is unambiguous.

The notary becomes the guardian of your last wishes and secures the document for a duration of 100 years.

After the certification of your document, the notary records the deposit in the FCDDV (the French central file of last wishes provisions).

This register guarantees that your last wishes will be preserved by the notary for consultation for a hundred years. Anyone who requests access to the file will approach it first. The request processed in the file does not allow reading the document, but obtaining the information that will lead to the notary.

Indeed, the register does not allow direct consultation of the written texts. The role of the file is to compile all the necessary information for consultation.

The notary's role will primarily be to ensure that your last wishes are respected and implemented as agreed.

The respect and implementation of the last wishes

The law is naturally the first constraint that may prevent your last wishes from being fulfilled. Each of your wishes will be respected to the best extent possible and as long as no laws are violated. Indeed, the provisions made during the funeral must not derogate from public order and good morals (art. 6 of the Civil Code). Other factors to consider include inflation, weather, or for example, the dissolution of the music group that was supposed to play your funeral tribute.

The more you detail your last wishes, the more likely the funeral will take place according to your desires. However, keep in mind that your loved ones, during this difficult time, will also want to demonstrate their affection. In fact, some people prefer to take on the organization of the deceased's funeral as a testament to their dedication and perhaps also as a necessary step in their way of coping with grief. Others, on the contrary, do not wish to be burdened with unanswered questions because they lack guidance or simply because the sorrow is too heavy to dedicate their mind to such a responsibility.

If your last wishes change during your lifetime, it is important to inform the notary holding the authenticated text. Otherwise, the latest dated version will be the one applied by the funeral services. In the absence of clear and written directives, anything is possible, and relatives often have to mobilize to best honor the memory of their loved one without knowing what he or she would have wanted.