Law of persons, family and inheritance

Are you looking for a lawyer specializing in inheritance law, family law, or personal law? ARST Avocats assists individuals, families, heirs, business leaders, and asset holders in anticipating, organizing, and resolving situations affecting their civil status, their relationship, their legal capacity, or the transfer of their assets.

Our team provides advice, assists in family negotiations, and represents clients in court when disagreements arise. We support our clients in organizing their personal and financial situations, choosing or modifying a matrimonial property regime, preparing for inheritance, settling estates, and resolving disputes between heirs.

This practice combines personal law, family law, property law, matrimonial property law, inheritance law and company law when the assets include a business or shares.

Personal status and civil status

The law of persons determines the legal identity, capacity and civil status of each individual.

ARST Avocats advises and represents its clients in all related steps and procedures:

• to birth, marriage and death certificates;
• to the rectification of a civil status document;
• to the transcription in France of a document established abroad;
• to a change of name or first name;
• to be used in the spouse's name;
• to the recognition or contestation of parentage;
• to French nationality;
• to proof of the condition of persons;
• to the recognition in France of a foreign decision;
• to the absence or disappearance of a person;
• to the legal consequences of death;
• to the legal capacity and representation of a vulnerable person.

We intervene with government agencies and before the judicial court when the situation requires a legal decision.

Protection of vulnerable people

An impairment of physical or mental faculties may necessitate the organization of assistance or legal representation.

Our team supports those affected and their families in:

• the drafting of a future protection mandate;
• the implementation of a safeguard of justice;
• the opening of a simple or enhanced guardianship;
• the opening of a guardianship;
• the application for family authorization;
• the appointment or replacement of an agent;
• the definition of the scope of the protection measure;
• the protection of housing and resources;
• the authorization of significant patrimonial acts;
• the sale of property belonging to a protected person;
• the management of social or business interests;
• challenging a decision of the judge of protection disputes;
• the difficulties arising between members of the same family.

We are looking for a measure that is appropriate to the person's situation, respectful of their autonomy and proportionate to their protection needs.

Couple, marriage, civil partnership and cohabitation

ARST Avocats assists couples in the legal and financial organization of their life together.

Our services include, in particular:

• analyze the legal consequences of marriage, civil partnership or cohabitation;
• prepare a PACS agreement;
• organize each person's contribution to common expenses;
• determine the terms of acquisition of a property;
• formalize contributions or advances between partners;
• organize the ownership and use of property;
• to protect the surviving spouse or partner;
• to anticipate the consequences of a separation;
• drafting a joint ownership agreement;
• organize the dissolution of a civil partnership;
• to handle accounts between spouses, partners or cohabiting partners;
• determine each person's rights to the family home.

These questions must be examined in relation to the matrimonial regime, gifts made and inheritance provisions made by the couple.

Choice and modification of the matrimonial property regime

The matrimonial regime determines the ownership of property, the respective powers of the spouses, the contribution to debts and the financial consequences of a separation or death.

Our team advises couples on:

• the choice of matrimonial property regime before marriage;
• the analysis of a marriage contract;
• the legal regime of community property acquired after marriage;
• separation of property;
• participation in acquisitions;
• the universal community;
• the conventional arrangement of the community;
• the insertion of a preferential share clause;
• the full allocation of the community property to the surviving spouse;
• the protection of professional assets;
• the determination of whether an asset is private or common property;
• the handling of a spouse's professional debts;
• the change of matrimonial property regime;
• the liquidation of the matrimonial property regime.

Marital organization can be an essential tool for protecting the spouse, preserving professional assets, and planning for inheritance.

We work in coordination with the notary and, when necessary, with the family's tax and estate advisors.

Separation, divorce and division of assets

The separation of a couple requires addressing its personal, financial and property-related consequences.

ARST Avocats advises and represents its clients in:

• preparing for an amicable separation;
• negotiating a divorce by mutual consent;
• judicial divorce proceedings;
• the determination of provisional measures;
• the organisation of the occupation of the family home;
• the determination of a compensatory payment;
• the contribution to the expenses of the marriage;
• the settlement of joint debts;
• the liquidation of the matrimonial property regime;
• the identification of separate and jointly owned property;
• the calculation of rewards and claims between spouses;
• the sharing of real estate;
• the treatment of shareholdings in companies;
• the fate of a business operated by one of the spouses;
• the dissolution of joint ownership between former spouses;
• the execution or contestation of a divorce agreement.

Our intervention aims, whenever possible, to facilitate a negotiated solution. In the event of a persistent disagreement, we defend our client's interests before the family court judge or the civil court.

Anticipation and organization of succession

Planning for inheritance allows you to organize the transfer of your assets, protect your loved ones, and prevent conflicts between heirs.

Our team supports its clients in:

• the analysis of their family and financial situation;
• the identification of the heirs and their rights;
• protection of the surviving spouse or partner;
• the drafting and analysis of a will;
• the choice between a holographic, authentic or international will;
• preparing a donation;
• the gift-partition;
• gradual or residual donations;
• the donation of bare ownership with reservation of usufruct;
• the modification of the matrimonial property regime;
• the use of a preciput clause;
• the organization of a life insurance policy;
• the designation of beneficiaries;
• the preparation of a posthumous mandate;
• the organization of the future management of assets;
• anticipating a situation of vulnerability;
• preventing difficulties between heirs.

We check the compatibility of the proposed solutions with the reserved portion of the estate, the disposable portion, the situation of the spouse and any previously made gifts.

Business and professional asset transfer

The transfer of a family business or company shares requires the articulation of inheritance law, matrimonial law, company law and estate taxation.

ARST Avocats assists executives and their families in:

• identifying the heirs likely to take over the company;
• the distinction between ownership, direction and control power;
• the donation or donation-partition of company shares;
• the transfer with reservation of usufruct;
• the organization of voting rights between usufructuary and bare owner;
• the creation or reorganization of a family holding company;
• the preparation of a Dutreil pact;
• the adaptation of the company's statutes;
• drafting or revising a shareholders' agreement;
• the organization of governance after the transfer;
• compensation for heirs who did not take over the estate;
• the search for a balance between family members;
• the preparation of a transfer prior to or subsequent to the transfer;
• anticipating the consequences of the leader's death.

This intervention is conducted with our Corporate Law – Corporate M&A team as well as with the client's notaries, accountants and tax advisors.

Opening and settling an estate

Settling an estate requires identifying the heirs, reconstituting the deceased's assets, and determining the rights and obligations of each.

Our team assists heirs, legatees, and surviving spouses in:

• the identification of the heirs;
• analysis of the will;
• the determination of inheritance rights;
• the choice between outright acceptance, acceptance up to the value of the net assets and renunciation;
• the establishment of the assets and liabilities of the estate;
• the search for accounts, assets or contracts;
• the identification of previous donations;
• the valuation of real estate and social interests;
• analysis of the deceased's debts;
• the handling of claims between the deceased and his heirs;
• the inheritance declaration;
• the settlement of inheritance taxes;
• the delivery of a legacy;
• the exercise of an option by the surviving spouse;
• the processing of life insurance contracts;
• the provisional management of assets;
• the payment of the debts and charges of the estate;
• relations with the notary in charge of the settlement.

We also intervene when an heir resides abroad, when an asset is located outside of France, or when the inheritance involves several legal systems.

Joint inheritance and management of assets

After the death, the heirs may find themselves in joint ownership until the estate is divided.

ARST Avocats assists co-owners in:

• the organisation of the management of jointly owned property;
• the conclusion of a joint ownership agreement;
• the appointment of an agent;
• the execution of protective, administrative or disposal acts;
• the private occupation of an undivided property;
• the setting of an occupancy allowance;
• the allocation of rents, charges, works and taxes;
• the reimbursement of expenses incurred by an heir;
• the amicable sale of a property;
• judicial authorization of an act blocked by a co-owner;
• difficulties relating to a company or to undivided shares;
• preparing for the sharing.

Our goal is to enable effective asset management during the period of joint ownership and to prepare for a balanced exit.

Amicable or judicial division of the inheritance

The division puts an end to the joint ownership by allocating to each heir assets or a value corresponding to their rights.

Our team is involved in:

• the determination of the rights of each heir;
• the establishment of accounts between joint owners;
• the valuation of assets;
• the formation of the lots;
• the negotiation of allocations;
• the calculation of the equalization payments;
• preferential allocation of an asset or a business;
• the sale of an estate asset;
• the preparation of an amicable division;
• the drafting of a protocol between heirs;
• the opening of a judicial partition procedure;
• the appointment of a notary by the court;
• accounting, liquidation and distribution operations;
• the auction of a property;
• disputes relating to the liquidation plan.

When an amicable solution cannot be found, the inheritance lawyer can petition the court to initiate the division of assets and resolve disagreements between heirs.

Dispute between heirs

Inheritances can give rise to disagreements over the status of heir, the validity of the deceased's wishes, the composition of the estate or the division of assets.

ARST Avocats handles litigation concerning, in particular:

• the challenge to the status of heir;
• the search for or contestation of a will;
• the invalidity of a will;
• unsoundness of mind or impairment of consent;
• abuse of weakness or maneuvers carried out on the deceased;
• unworthiness to inherit;
• the concealment of inheritance;
• the concealment of an asset or a donation;
• the report on donations;
• the reduction of gifts that infringe upon the reserved portion of the estate;
• the revocation of a donation;
• the execution or delivery of a legacy;
• the dispute over the accounts of the estate;
• the liability of an agent or a joint owner;
• the blocking of the settlement by an heir;
• judicial division;
• the dispute over the value of an asset;
• the occupation of an inherited property;
• the misappropriation of funds or inheritance assets.

Our team first seeks to establish conditions for negotiation between the heirs. When an agreement is not possible, it initiates or defends the necessary legal proceedings before the court.

Gifts, reserved portion of the estate and inheritance reporting

Gifts made during the deceased's lifetime must be taken into account when settling the estate.

We assist our clients with:

• identify and classify a donation;
• distinguish between simple donation and donation-partition;
• determine if the gift is subject to collation;
• calculate the inheritance tax;
• reconstitute the calculation mass;
• determine the reserved portion of the estate and the disposable portion;
• to search for an indirect or disguised donation;
• to challenge an excessive advantage granted to an heir;
• initiate a reduction action;
• analyze customary gifts;
• to process donations made to a spouse;
• organize an advance waiver of the right to bring an action for reduction;
• negotiate the consequences of an infringement of reserved rights.

These operations often require a precise reconstruction of asset movements that occurred over several years.

Life insurance and inheritance

Life insurance is an important tool for wealth management, but it can also be the source of disputes between beneficiaries and heirs.

ARST Avocats intervenes in:

• drafting or analyzing a beneficiary clause;
• identification of the beneficiary;
• acceptance of the benefits of the contract;
• the protection of the spouse or a close relative;
• the treatment of a clause that has become unsuitable;
• the search for undisclosed contracts;
• the release of funds;
• contesting a change of beneficiary;
• analysis of the subscriber's capacity;
• challenging manifestly excessive bonuses;
• the reintegration of certain sums into the estate;
• disputes with the insurer;
• conflicts between beneficiaries and heirs.

The analysis must take into account the subscriber's age, assets, the usefulness of the contract, the amounts paid, and the circumstances surrounding the designation of the beneficiary.

International Successions

An international succession can be characterized by the residence of the deceased or an heir abroad, the presence of assets in several states, or a difference in nationality.

Our team supports families in:

• the determination of the law applicable to the inheritance;
• the analysis of a choice of law made by will;
• the identification of the competent jurisdiction;
• the location of assets and accounts;
• coordination with foreign notaries and lawyers;
• obtaining a European Certificate of Succession;
• the recognition and enforcement of a foreign decision;
• managing real estate located abroad;
• the treatment of holdings in foreign companies;
• the prevention of double taxation;
• the organization of an international sharing.

We also handle inheritance matters involving metropolitan France, overseas territories and several foreign states.

Nationality, residence and international personal circumstances

ARST Avocats also assists individuals whose personal or professional situation has an international dimension.

Our intervention may include, in particular:

• applications relating to French nationality;
• the transcription of foreign civil status documents;
• the recognition in France of a foreign marriage, divorce or judgment;
• long-stay visas;
• residence permits linked to a professional activity or an investment;
• supporting executives, investors and highly qualified professionals;
• the situation of the spouse and family members;
• the heritage consequences of setting up a business in France;
• the organization of a wedding or an international inheritance.

This approach makes it possible to link residency issues with the person's family, financial and professional situation.

A holistic approach to people and their assets

Personal, marital and inheritance choices often produce consequences for real estate assets, social holdings, corporate governance and the rights of family members.

ARST Avocats mobilizes its skills in personal law, property law, corporate law, real estate and litigation in order to provide a coherent response to each situation.

Are you looking for an inheritance lawyer to plan for the transfer of assets, settle an estate, dissolve joint ownership, or resolve a conflict between heirs? Do you wish to organize your matrimonial property regime or protect a vulnerable person? Our team is available to examine your situation and develop a tailored support plan.