Notary specialised in donation in France by non resident Cannes in French Riviera

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

In France, Notaires have exclusive authority for preparing and drafting  deeds of sale. Once you have chosen a property and agreed on the purchase price, you will typically be asked to sign a preliminary contract which may be drafted by an estate agent or by the notaire. You will also be required to pay a deposit, usually 10% of the purchase price. There is a mandatory cooling off period of ten  days during which the purchaser may withdraw. As part of the sale process, the seller is required to arrange for a number of inspection reports on the property The main reports currently produced relate to  : Asbestos , lead , termites , energy efficiency , environmental, mining and industrial risks , gas installations, electrical wiring, septic tanks. After the preliminary contract has been signed, the notaire will check : -that each contracting party is qualified and empowered to sell or purchase the property - that the seller has a valid title to the property - that the title of ownership does not contain any easements or restrictions, - that no mortgage or charges exist over the property and that all rights of pre- emption have been waived. After completion, the Notaire is responsible for having the title deed recorded at the Land Registry. Finally, consideration must be given at an early stage to who is going to purchase the property. The answer to this question will depend on the personal circumstances of the purchaser, the situation regarding inheritance taxes and the legal implications arising from the purchase.  Please feel free to contact Alexandra ETASSE before signing the preliminary contract to obtain further information and to analyse together what is the most suitable ownership arrangement for you in the purchase of a property in France

A non-resident may sell real estate property situated in France. In principle these disposals are subject to tax in France. However, certain provisions can limit or eliminate this tax. The sale of a property in France by a non-resident individual comes under the regime of real estate capital gains. Since 1 January 2015, the real estate capital gains of individuals are taxed at a single rate of 19% to which social charges are usually added (subject to what we discuss below). The provisions for exemption from real estate capital gains existing for residents also apply to non-residents (e.g., disposal of property held for more than 30 years, or for more than 22 years in some cases, etc.). 

The tontine clause that must be inserted in the acquisition act, is often considered in the scope of the protection of the surviving spouse or the partner. This clause foresees that the owner of the goods shall be the survivor of the signatories of the tontine pact. Often it aims to avoid the application of the hereditary reserve to the death of the first of the spouses or partners. But pay attention to the tax system for those that are not married nor in civil unions. 

In an international context, the future spouses will need to anticipate the issue of determining their matrimonial regime. To this end, the international department of ETASSE et Associés advises its French clients living abroad or foreign clients living in France, in order to determine the most suitable matrimonial regime for their situation. Only a marriage contract may guarantee spouses the legal security and stability in an international context. For spouses already married, the international department assists them with any change in the applicable law or regime. 

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