Thoughts on formalities and artificial intelligence
How will artificial intelligence affect your practice?
Posts – Page 3
Testament by SMS
The Australian case Re Nichol compared to a French one.
Real property sale and incapacity
The practitioner who relies mainly on formalities to secure a deed involving an incapacitated person may well be disappointed.
Brexit: A common disappointment
Brexit will certainly be disappointing because it already is boring.
A different approach to ownership
Ownership is sometimes seen as the main issue in estate matters. Looking at English trust law alongside with a recent case decided by the French Cour de cassation helps to realise that this impression is often caused by the fact that the practitioner pays too much attention to black letter law.
Successions beyond formalities
The journey of a will in the psychedelic world of market integration
Legal title and succession
Two tips to prevent you from handling French estate matters upside down
French variations on English trusts
Combining French respect for ownership with English attention to the beneficiary's interest
Cross-border estates: A practical approach
How to solve cross-border issues by relying on your education in trusts.
Intention, natural obligations and resulting trusts
The French Cour de cassation and the Privy council have recently considered the effect of intention in relationships that were not based on legal obligations.
A Christmas cracker for trust nerds
I would like to share with you my impression as to what makes trusts unique.
Brexit: An endless process
Brexit will be completed in due course since there is no end to it.
Forced heirship and globalisation
The French Cour de cassation has recently decided two important cases regarding forced heirship1. This court is the supreme court that deals with civil, commercial, and criminal cases. It confirmed an important appeal case that has been commented earlier on this blog. The Cour de cassation also decided another …
Brexit: Is there anything beyond regulation?
On 21 August 2017, the UK government released a position paper about Continuity in the availability of goods for the EU and the UK. It deals with circulation of goods and services sold with goods between the EU and the UK. Some of you may wonder why I chose to …
Brexit: What should expats do now?
The Secretary of State for the Home Department has presented a policy paper regarding Brexit. People who owe property in France as well as French citizens who live in the UK wonder what to do now that Brexit is on the way. The following general guidelines will allow them to …
Collaborating with lawyers: How to travel between parallel worlds
Let's consider two different disputes:
Situation 1: Mr Smith and Mr Durand
Mr Smith has been working with Mr Durand for five years. Mr Durand supplies Mr Smith with French delicacies. The latter sells them in the UK. His clients really are fond of the French cheeses and wines he …
Testamentary freedom: A global paradox
A mother disinherited her daughter completely since the latter left home at the age of 17 to live with a man, marry him and raise her children with him. She disapproved her daughter for having done so. Mother and daughter had been estranged for more than a quarter of a …
Forced heirship: How does it matter?
Mr. and Mrs. Jones own a house in Southern France. While enjoying lovely weather and fine wine, they start thinking about estate planning. They have read about forced heirship in French law on the Internet and are considering the transfer of the legal title to the house situated in France …