Paris Court of Appeal Rules on Forced Heirship, US Trusts and Legitimacy of Transforming Real Estate into a Moveable Asset using an SCI Structure

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On 11 May 2016 in case no. 14/26247, the Paris Court of Appeal fully confirmed the judgment handed down by the Paris High Court on 2 December 2014 in case no. 10/05228, relating to the estate of Mr Maurice Jarre.

By this very important decision, the Paris Court of Appeal confirmed that a US domiciliary dying prior to 17 August 2015 can dispose of his or her French estate as he or she wishes, without being subject to the laws of French forced heirship; that a US trust is fully recognised by French law, even where the settlor is also the trustee and the primary beneficiary; and that transferring French real estate property into a Société Civile Immobilière (SCI) in order to transform real estate property into moveable assets is not fraudulent.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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