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

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

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

The Hague Convention of 14 March 1978 provides for various cases of automatic change in matrimonial regime merely because of a change of residence. We often talk about "involuntary" change of matrimonial regime, of "time bomb" and of "unsafe" automatic mutability because many spouses are unaware that they have changed their matrimonial regime simply by having moved. What is more, when spouses do become aware of the situation, it is often too late. This automatic mutability can present considerable difficulties in determining the property owned by each spouse, particularly in the context of an estate or divorce settlement. This risk is a real one for all spouses married after 1 September 1992 and who did not sign a prenuptial contract before their wedding or specify under which law they married. For them, the law on habitual residence will replace the previously applicable law in three situations: *When the couple set their new habitual residence in the territory of the State of which they are both nationals. In this case the spouses are automatically and immediately subject to the law of that State. (Example: two French nationals had settled in England after their marriage in 1994. No marriage contract had been signed. If they return to settle in France, they will automatically be subject to French law and therefore the legal regime of community of aquests (limited to assets acquired after the marriage). *When the couple establish their habitual residence for at least 10 years in a country different from that of their first marital residence. In this situation, from the 11th year, the law of the State where the spouses have their habitual residence will replace the law previously applicable. * If the spouses were previously subject to their common national law in the absence of common residence in the same State at the time of marriage. However, it is necessary that the State of nationality has not made a declaration in favour of the national law. (Example: two Moroccan spouses were married in Morocco in 1995, without a prenuptial contract prior to their marriage. The husband was already working in France and returned there to live after the wedding while his wife remained in Morocco. In the absence of a common habitual residence, the spouses were therefore subject to Moroccan law and separation of property. When the wife came to join her husband in France, the couple automatically became subject to the French legal regime of community of acquests (limited to assets acquired after the marriage). ) To avoid the difficulties entailed by this automatic change of matrimonial regime, it is strongly recommended, in an international context, to have a marriage contract drawn up in presence of a notary in order to fix the choice of matrimonial regime. To this end, Ms. Alexandra ETASSE, in charge of the International Department of the Etasse et Associés law office, will advise and assist you in choosing the matrimonial regime best suited to your situation. 

The international department of ETASSE et Associes can assist its clients with incorporating a company ETASSE et Associés assists its clients with incorporating companies, particularly real estate companies (SCI), drawing up memoranda and articles of association, the choice of form of company and the best adapted fiscal option. It also assists its clients with disposals of company shares, whether a sale or a donation and ‘Dutreil’ commitments are concerned. Moreover, it will analyse the company manager’s type of matrimonial regime. For most questions relating to company law, our law frim favours team work between the various departments.

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. 

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