Lawyer international estate Paris
What does the law say about international successions?
Since August 17, 2015, European Regulation n ° 650/2012 of July 4, 2012 adopted by the Member States of the European Union (except Denmark, the United Kingdom and Ireland) applies to international successions.
The purpose of this regulation is to unify and simplify the settlement of international successions.
Now, for jurisdiction, it is the place of residence of the deceased, for movable and immovable property.
The applicable law will be that of the last residence of the deceased, with the only exception, if the deceased had chosen his national law before his death.
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Which law to refer to?
In the area of international successions, the applicable law will be decisive, insofar as not all countries have adopted the same law for successions.
Indeed, under French law, a parent can never totally disinherit one or more children, due to the hereditary reserve. The deceased will only be able to dispose of the available quota.
Quite other is the law in certain countries in particular of Anglo-Saxon right, like for example in the United States, where the hereditary reserve does not exist. Thus, a parent can fully dispose of their property as they see fit, without leaving anything to their children.
This is why it is important to determine the habitual residence of the deceased, which habitual residence will not always be obvious, if the deceased lived in two different countries.
Consult your international family law attorney in Paris for more information and to find the solution to your problem.
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