I think there are a lot of handwritten French wills floating around in Holland and France, tucked away deep in drawers and cupboards.

French notaries, when transferring a property in France, usually conjure up a sheet of paper for you to transcribe: a French will. Indeed, completely wrongly, many French notaries state that the Dutch will does not apply to property in France. Do you also have such a handwritten will in your drawer? This could have major consequences. Especially with the new European inheritance law, which settles inheritances according to new rules.

A real-life example:
Frans and Ria have been happily married for 20 years. It is their second marriage and both have two children from their first. Together, they did not have any children. So a typical composite family, as you often see them these days. Wanting to treat all four children equally, they made a surviving will in 2003 in the Netherlands. Upon the death of the surviving partner, half of Frans's estate would go to his children and Ria's half to her children, a so-called two-stage will. They took great care of this with their Dutch notary.

In 2005, French and Ria buy a house in France. The French notary takes the piece of paper out of his drawer that they have to transfer. He assures them that this way, under French law, the surviving spouse will be optimally protected against claims by the children, as far as the French property is concerned.

A few years later, Frans and Ria decided to settle permanently in France and sell their entire Dutch property. They are now in France almost year-round and feel completely at home in their village. After several carefree years in France, Frans dies in 2016. Ria, along with the four children, turns to the Dutch notary and hands her not only the 2003 Dutch will, but also the 2005 French handwritten will.

Because Frans and Ria now had all their property in France and never revoked both the Dutch and French wills, the Dutch notary can only conclude that the French will is the only valid one. After all, it is of a later date.

Ria is stunned. Their carefully devised plan to treat all children equally after the death of both of them has been nullified by that one little French will. Now it is not Ria who is sole heir, but French's children! All that remains for Ria is usufruct. Fortunately, Ria has a good relationship with all the children and they came to a good solution by mutual agreement. But I wouldn't want to give them a living where relations are so bad that finding a solution is almost impossible.

So that little French will can have big consequences. Do you also have such a handwritten piece of paper in a drawer? And do you also have a Dutch will? Then get proper advice on the consequences and take timely measures. Then you can be sure that after your death everything will be dealt with as you wanted.

* For privacy reasons, Frans and Ria's names are fictitious