Estate planning and wealth management Paris Montmartre 18ème

The lender's preferential right is a security interest on the property. This security is unknown in most States. In an international context the PPD cannot always be used. The validity of the PPD assumes that it is recognised under the law of the country where the property is located (French law) and under the law applicable to the loan agreement. Conversely the lender's preferential right will not be recognised if it unknown in either of these two law systems. If the property is located in France and if French law is applicable to the loan agreement, a PPD may be taken

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 system of “protected sector” (“secteur sauvegardé “) of sales in a future state of completion concerns sales bearing on premises to be used principally for residential purposes or for both professional and residential purposes and including an obligation to pay a deposit prior to completion of the construction. In this case, specific provisions (schedule of payments, guarantee of completion, etc.) must be observed under penalty of nullity of the contract and punitive sanctions. By the general nature of the definition of protected sector, the question of the compatibility of certain contracts can be raised such as hire-purchase, transfer of land against premises to be constructed, sales of buildings to be renovated (“vente d’immeuble à rénover) Moreover, the law requires that a contract of sale of a building to be constructed (“vente d’immeuble à construire”)together with provisions specific to said sector be drawn up from the moment that he who undertakes to construct a house or to have it constructed procures the land directly or indirectly. 

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. 

Yes you can choose a notary anywhere in France to assist your in a property purchase. The purchaser and the seller can have different notaires, and  this will not incur any extra charges or fees

If the notary accompanies his clients in the good times (e.g: marriage, purchase), he is also there to assist them in painful times such as is the death of a close relative and the regulation of a succession. The international department of the ETASSE et Associés law office, is directed by Maître Alexandra ETASSE, specialist in International Private Law. She accompanies her clients in the framework of regulation of succession in international dimension by taking into consideration both the legal and civil, as well as fiscal dimensions. In a general manner, the regulation of a succession takes place in five stages: 1 / The opening of the succession. The heirs should choose a notary to help them in the regulation of the succession. In a general manner it is advised that they all agree on this choice so that a single notary is in charge of the regulation of this succession. The notary and the heirs should search for the existence of a possible will left by the deceased, either in his personal business, in a notary's office in France or abroad or among any other jurists abroad. The wills which are at a notary in France are in principle recorded in a central file, denoted the Central File of Provisions of Last Will and Testaments. This file will be queried by the notary in charge of the regulation of the succession. It is important to note that in France, contrary to what happens in other foreign legal systems, the heirs are personally responsible for the regulation of the succession and the payment of the succession dues. 2 / The establishment of the act of notoriety. The notary in charge of the regulation of notoriety, shall draw up an act of succession, in which will be listed all the heirs, legatees and the rights of each as well as their shares in the succession. 3 / The determination of the act of succession. This stage aims to determine both the act and the liability of the succession by taking into consideration the matrimonial regime of the deceased. The prior donations will also be considered both for civil and fiscal reasons. The existence of a life insurance contract must sometimes be taken in account in the determination of the succession assets.  4 / The option. Once the succession assets are determined, the heirs must opt between various choices (e.g: to accept the succession). The surviving spouse with regard to the particular options (e.g.: the usufruct of the whole). 5 / The establishment of the succession declaration and the regulation of taxes.  The taxation of the succession assets shall be a function of the nature of the assets and the relationship between the heirs and the deceased as well as of the existence of possible international conventions. In addition, the notary will be charged to draw up the other acts possibly necessary to finalise the regulation of the succession (e.g: certification of ownership for the real estate assets, certificate of ownership for the parts of a company, closure of the inventory…) In a general manner when the succession includes some international elements, the international department of the ETASSE et Associés law office, will analyse the situation. Often, it is also necessary to resort to services of a jurist in the country concerned