Notary specialised in inheritance for UK citizens US citizens Paris Montmartre 18ème

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. 

A French person resident abroad who wishes to conclude a civil union with another French or foreign person must make a joint declaration at the embassy or the Consulate of the common place of residence. The PACS (civil union) recorded at the consulate of France shall be subject to French law insofar as the law applicable to this partnership is the law of the registration authority. After the registration, the formalities of advertisement will be conducted with specific mention made in margin of the birth certificate of each partner on the existence of this PACS. Warning: in France, the PACS does not grant any right of succession to the partner in an automatic manner.  The partners anxious to protect themselves in case of death, should contact their notary to consider testamentary provisions

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. 

The deceased's family record book and marriage contract, if any. An extract of the deceased's death certificate.  An authentic copy of the judgement of divorce or legal separation, if any An authentic copy of any gift between spouses the deceased may have formalised Any will the deceased may have drawn up, or name and address of the person who may have said will within their possession. All savings accounts. The bank information for each of the banks within which an account is opened in the name of the deceased and their spouse in the case of shared assets (including any joint bank accounts). Any registered or bearer securities at the place of residence. All documents pertaining to all pensions and retirement benefits received by the deceased or their spouse. The registration certificates for all vehicles belonging to the deceased and their spouse, in the case of shared vehicles. All information and documents concerning any receivables. Any life-insurance policies taken out by the deceased or their spouse (in the case of shared policies). Information on all property owned:  Authentic copies of all real estate acquisition deeds All leases and information on the rentals granted. The latest insurance premium receipts for the buildings. Name and address of the property manager.  Name and address of the property management company All information on the deceased's debts, i.e. all bills paid after their death for expenses incurred before their death: -           + Last illness costs. -           + Funeral expenses. -           + Loans. -           + Last tax notice. -           + Wealth tax. + Property tax. -           + Local tax.  + Miscellaneous bills.  Any information on the benefits the deceased may have received as part of social assistance or the National solidarity fund.   You will also need to provide all information on any gifts made to their children during the marriage, as well as on any gifts or estates received by the deceased or their spouse during the marriage, and on any sale of private property having belonged to the deceased. Depending on the nature of the deceased's assets, additional documents may be required

It is best for mixed couples (where one of the two spouses is of foreign nationality) or couples wishing to relocate or already living abroad, to formalise a marriage contract within which they shall choose the law applicable to their matrimonial regime. Failing this, in many cases, the nature of their matrimonial regime will remain uncertain. In general, the spouses will have the choice between the three following laws: -the law of the State of which one of the spouses is a national at the time of the act, - the law of the Sate within which one of the spouses has their habitual residence at the time of the act, - or the law of the first State on the territory of which one of the spouses will establish their new habitual residence once married. Apart from this choice of law, you need to anticipate any difficulties linked to the coexistence of several legal systems throughout the world so as to secure at best the effectiveness and recognition of your marriage contract abroad. To do so, feel free to contact Alexandra ETASSE, who specialises in International Law and heads the international department of ETASSE et Associés, and who will therefore be able to help and advise you in order to consider together the terms for the drafting of the marriage contract 

  Yes, both members of a separated couple can benefit from the exemption in respect of the sale of the principal residence even if one member of the couple continues to live in the property. The exemption is subject to the fact that the property really was the couple's principal residence until the time of separation and that it subsequently continues to be the main residence of one member of the couple.