NOTARIAL DEEDS ABROAD / EMIGRATING SAFELY

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Notarial deeds abroad

 It is possible to establish certain authentic acts abroad. This requires that you contact the Consulate or the French Embassy.

These acts are: proxies, prenuptial agreements consents to simple adoption, wills, donations between spouses, affidavits and estate inventories (provided that a consular agreement with the country of residence exists).

If the notary in France undertakes responsibility and duty to provide advice for these acts, the consul who will receive the same acts do not have these obligations.

In some countries, consular notarial functions have been abolished (this is the case on the territory of the member States of the European Union): you should refer to a local notary or a local solicitor who will establish the act « in the local authentic form ». These acts are most often made from a model sent by the French notary.

To follow through with these acts, it is therefore necessary to seek advice from a French notary beforehand.

Emigrating safely

 Before moving abroad, do not hesitate to consult your notary. There may be huge differences in the legal systems from one country to the other, even within the European Union. These differences may have consequences over parental authority and the minors’ capacity over the recognition of civil partnership, the spouses’ matrimonial system, the inheritance tax applicable to the spouse and children in France and abroad.

Consulting a notary beforehand should be one of the preparatory steps to this departure.