Legal advice on trusts and inheritances in Cannes 06

We refer to an international estate when the inheritance has an international aspect. So there will be an international estate if the deceased held an asset in at least one country other than that of his nationality or residence, or if the deceased dies in a country other than that of his nationality or residence. 

In an international context, husband and wife have the option of changing at any time the law applicable to their matrimonial regime. However, this choice is circumscribed by and limited to the following laws: -          that of the State of which one of them is a national, -          that of the State in which one of them is habitually resident at the time of the choice, -          that of the State where the immovable assets are located, but only in regard to these assets. This change of applicable law must result from an instrument executed in the form of a marriage contract. It may need to liquidate the previous regime. Steps to publicise such a change are necessary for opposability against third parties

The gift between spouses, also called "gift to the last survivor" is very often used by couples wishing to increase their protection in the event of death. But this institution is little known abroad. It is unknown under some law systems, while others prohibit it. Moreover, in an international context, a gift between spouses can raise difficulties. To avoid such difficulties, it often appears wiser for a couple owning assets abroad or living abroad or when at least one of the partners is of foreign nationality, to make wills. Spouses may establish themselves by will reciprocally as sole legatees. Thus the objective sought by the gift between spouses, namely to increase the protection of the surviving spouse, will be achieved. 

Since 17 August 2015, a major European Regulation dated 4 July 2012 has come into effect. The provisions of this Regulation apply where the deceased died on or after 17 August 2015. The Regulation aims at unifying the laws on inheritance so that the assets left by the deceased, whether movable or immovable, will no longer be divided and subject to different laws. They will be subject to a single law, the law of the State in which the deceased had his habitual residence at time of death. But this law also allows for the planning of his estate. Thus, this Regulation allows people to choose their inheritance law and to designate their national law to govern the whole of their estate. This choice of law is called "professio juris".  For greater legal certainty it is strongly recommended that you make this choice of law in writing in the form of a will. Nevertheless, the designated law will apply only on condition that it is not contrary to international public order.  The International Department of ETASSE et Associés will assist you in drafting your wills in an international context and in this choice of inheritance law. Our team will give you advice for considering the possibilities offered by this Succession Regulation but also its limitations. Indeed, although the Succession Regulation is "universal" in character (applicable regardless of the nationality of the persons concerned, even if they are not nationals of a connected State), its opposability in regard to third countries may raise some difficulties. Moreover, the determination of "habitual residence at time of death" can sometimes be tricky. Warning: this Succession Regulation contains no provisions on taxation. It will therefore always be necessary to refer to the provisions of the Code Générale des Impôts (the French General Tax Code), to the tax treaties signed between France and many States, and possibly the national tax systems of each State. Here again, seeking advice from the International Department of ETASSE et Associés will prove to be extremely usefu

When French law is applicable to a succession, the French Civil code foresees that a determined part of the deceased's heritage must compulsorily be assigned to the children, namely half in presence of one child, two third in presence of two children, and three quarter in presence of three or more children. 

Alexandra Etasse, in charge of the International Department of ETASSE et Associes, will assist you in the settlement of international estates. She  will provide you with the best advice on the often complex problems related to the existence of foreign legal vehicles (such as trusts) or on questions of international taxation. To accomplish this, it may be necessary for our International Department to work with other lawyers specialising in foreign law. The International Department of the ETASSE et Associes law office will draft the legal and tax instruments (act of notoriety, succession declaration, deed of partition, etc.)