We want to give away our French home: which law applies?

We want to give away our French home: which law applies?

"My wife and I have always lived in Switzerland and have no plans to move. We own a house in France, which we'd like to put in our only daughter's name so that it goes to her when we both die. In such a case, is it Swiss law or French law that applies?"

In a case such as yours, it is necessary to examine the rules of "private international law" laid down by each State, without omitting to check whether there is an international convention governing the issue in dispute between these jurisdictions.

France and Switzerland are both party to the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, known as the "Lugano Convention". However, according to Article 1 of the Convention, successions are excluded from its scope. The answer to your question must therefore be found in the Federal Act on Private International Law.

According to Article 86 of this law, the Swiss authorities of the deceased's last domicile are competent to take the necessary measures to settle the estate. However, where there is real estate to be divided, the law of the State where the real estate is located applies if that State claims it. According to established French case law based on article 3 paragraph 2 of the French Civil Code, the inheritance of real estate located in France is governed by French law, even if the owners are domiciled abroad. You say that your last place of residence will probably be Switzerland. The Swiss authorities will therefore be responsible for settling your estate, and more specifically the Geneva authorities, except for the house in France, which will be the responsibility of the French authorities.

Article 90 of the LDIP states that the estate of a person whose last domicile was in Switzerland is governed by Swiss law. However, if you are of foreign origin, you have the option of subjecting your estate to the law of your country of origin by will or by inheritance agreement, but the fate of your house will depend on French law.

It would therefore be wise to consult a French notary or lawyer to ensure that you do not commit any omissions in your plans to leave a legacy to your daughter.