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International Succession

Home > Inheritance and succession | Published 2017-01-26

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You are an heir in a particularly complex succession with assets located in several countries: bank accounts in England, property in France, and works  of art in Spain, whereas the deceased, who was a French national, lived and died in Belgium for example. So the question arises of which law applies. Avocats Picovschi has full knowledge of the latest legislative and jurisprudential developments to resolve and represent clients in such international successions.

As you can see, a succession is said to be international when a person dies outside his/her native or home country, or leaves assets or property in a foreign country.

EU Regulation no. 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession finally came into force in France on 17 August 2015.

Before the introduction of this legislation in France, the rules applicable to successions differed depending on the content of the estate. If the succession involved personal property, the national law of the deceased person's last known residence applied, whereas for real property, it was the law of the country in which the property was situated.

The EU Regulation simplified this legal entanglement. However, it only applies to successions arising after its effective date in France, i.e. after 17 August 2015. With this new measure, it will be possible to prepare a succession in advance by opting for the law that will apply to it. This will be either the country in which the deceased lived, or the country of nationality provided the choice is stipulated by a will.

While the legislation is designed to simplify cross-border successions, there is little doubt that conflicts between heirs will continue nonetheless. So, the support, experience and knowledge of an inheritance lawyer will be necessary to handle these still complex cases.

An inheritance lawyer provides assistance and clarifies the situation. Thanks to his in-depth knowledge of French, European, and international law, he will pinpoint the particular features of your case and speed up settlement of the inheritance, while maybe even optimising payment of duties.

He will also be able to answer all your property and tax law questions (tax law being excluded from the Regulation applying after 17 August 2015).

Avocats PICOVSCHI fully understands these issues and will find the best solution in the difficult times that the death of a beloved represents. You will thus be relieved of the administrative headache, thanks to our full support and advice.

So, don't wait for the situation to be become mired in complications before seeking the assistance of a Lawyer from our Firm.

This article is available online for public information purposes. It is updated regularly, as needed. Due to the constant evolution of the laws and the legal system, we cannot guarantee that the information in this article is still applicable. We invite you to contact us with any legal questions or concerns you have regarding this topic at +33 1 56 79 11 00. In no way can this firm be held liable for articles that contain inaccuracies or are now out of date.

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