Wills and applicable law when you live in Andorra
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The short answer
The law applicable to an estate often depends on the deceased's last habitual residence, but a will can organise the transfer. With assets in Andorra and France, draw up coordinated wills with an adviser who knows both legal systems.
The principle
The last habitual residence often determines the law applicable to the estate. Nationality, the location of the assets and the existence of a will can change the analysis.
What a will allows
- Name the beneficiaries within the limits of any forced heirship rules that may apply.
- Choose the law that will govern the estate, where the framework allows it.
- Provide for an executor and for the organisation of the assets in each country.
Precautions
| Precaution | Why |
|---|---|
| Coordinated wills | Prevent two wills from contradicting each other |
| Matrimonial property regime | It determines what forms part of the estate |
| Franco-Andorran adviser | Each country has its own rules of form and substance |
One will per country, or one coordinated will?
| Option | Advantage | Risk |
|---|---|---|
| One will per country for the assets located there | Local simplicity | Inconsistencies, unintended revocation |
| A single coordinated will | Consistency | Must be recognised and enforceable in each country |
| A will with a choice of law | Predictability | Depends on the applicable law and its limits |
Points to have checked
- The applicable law for your estate, based on your last habitual residence and your nationality.
- The forced heirship rights of heirs under the applicable law.
- The form required for a valid will in each country.
- The executor and their capacity to act in both countries.
When to update
Whenever your residence changes (for example a move from France to Andorra), your family situation changes, you acquire a property or you set up a company. A will drawn up in France before you left may no longer fit your situation.
What to prepare for the notary
The inventory of assets by country, your family situation, marriage contracts and the structures (companies, holding company) that hold part of your wealth. See also inheritance and gift tax.
Work out your own case
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Frequently asked questions
Is an Andorran will valid in France?
It depends on the formal requirements and the applicable law. Have it checked by a notary.
Can you choose the law of your nationality?
In some frameworks, a choice of law is possible. It must be expressed precisely.
Do you need two wills?
Not always, but they must be coordinated if you have two.
Going further
Official sources
This information is general and is not personalised legal, tax or financial advice. It is verified as of the date shown and may change.