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Raphaëlle Svara

Partner

CMS Pasquier Ciulla & Marquet
Villa des Cigognes
17 rue Louis Aureglia
BP 450
98012 Monaco Cedex
Monaco
Languages French, English, Portuguese, Italian

Raphaëlle Svara is a Partner at CMS Monaco and co-head of the Private Clients team.

She acts for natural persons, family offices, trusts and foreign private entities in general, advising and representing them before both civil and criminal courts in Monaco. She specialises in international family law and international estate planning.

More specifically, Raphaëlle's practice focuses on national and international successions and divorces, the legal protection of adults and minors and inheritance law. Raphaëlle has a well-established expertise in private international law.

Prior to joining the firm in 2016 she worked at law firms in Paris, São Paulo, New York and Monaco.

Raphaëlle is regularly recognised as leading practitioner by prestigious international rankings, such as Chambers & Partners and Legal 500.

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I rate Raphaëlle Svara very highly. She is fantastic to work with, confident, competent and self-assured. I would not hesitate to recommend clients to her.

Legal 500 EMEA 2023 : Private Client (Monaco)

Raphaëlle Svara is a good lawyer, very dedicated to clients.

Chambers & Partners 2023 : Private Wealth Law (Monaco)

Up-and-coming partner Raphaëlle Svara advises many high net worth individuals and runs a practice that focuses on estate planning, trusts and family law. One market insider comments: "I like her very much. She is very reasonable and also intelligent." Another interviewee adds: "Raphaëlle is a rising star who is very diligent and committed to getting clients a good result."

Chambers & Partners 2022 : Private Wealth Law (Monaco)

Raphaëlle Svara is a very enthusiastic and pleasant lawyer to work with. She has a very wide understanding of private law and makes her best to deliver the work within the deadlines, even in very complicated circumstances.

Legal 500 EMEA 2022 : Private Client (Monaco)

I have worked with Raphaëlle Svara on various occasions. She is very skilled and experienced in civil law. Always delivered impeccable work even when on short deadlines.

Legal 500 EMEA 2022 : Private Client (Monaco)

Up-and-coming partner Raphaëlle Svara focuses her practice on advising high net worth clients on estate planning, trusts and family law. An interviewee says: "She is very knowledgeable in this field. She has a good reputation."

Chambers & Partners 2021 : Private Wealth Law (Monaco)

Memberships & Roles

  • STEP Organisation (Society of Trust and Estate Practitioners) - Full Member (TEP)
  • IBA (International Bar Association)
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Publications

  • Getting a divorce in Monaco: what you need to know, Monaco Life (2023)
  • L'Entrepreneuriat féminin : La force du collectif, Madame Figaro (2023)
  • Getting the Deal Through: Private Client  - Monaco chapter (2022, 2023)
  • The Law Reviews: The Real Estate Investment Structure Taxation Review – Monaco chapter (2021 - 2023)
  • The Legal 500: Private Client Comparative Guide - Monaco chapter (2017, 2019)
  • Monegasque Private International Law Code follows the path of the EU Succession Regulation: a path sprinkled with differences, Gazette du Palais (2017)
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Lectures list

  • Prenups, trusts and cross-border divorce: when love is no longer in the air, STEP Europe 2022 Conference - Luxembourg (November 2022)
  • 25th Private Client Conference, IBA Conference - London (March 2020)
  • Tax issues in cross-border divorce proceedings under Monegasque law, STEP Europe 2019 Conference (June 2019)
  • The impact of the Monegasque Code on Private International Law on Estate-Planning, Keys issues and challenges, STEP Monaco Seminar (December 2017)
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Education

  • Certificate of International Wealth Management (AUREP) (2020)
  • Certificate in Foundations, Society of Trust and Estate Practitioners (STEP) (2017)
  • Professional Postgraduate Diploma in Private Wealth Advising, Society of Trust and Estate Practitioners (STEP) (2017)
  • Monaco Bar (2016)
  • Diploma in Brazilian Tax Law, Instituto Brasileiro de Estudos Tributários of São Paolo (2013)
  • Master's degree in Private Law, La Sorbonne (2013)
  • Master‘s degree in Business, Neoma Business School Reims (2013)
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Feed

05/03/2024
Trusts in Monaco - Recent changes in reporting obligations
On 29 February 2024, Law no. 1.5591 amending in particular Law no. 214 of 27 February 1936 revising Law no. 207 of 12 July 1935 on trusts, Arrêté Ministériel no. 2024-1202 and the Ordonnance Souveraine...
26/02/2024
Cohabitation under Monegasque law
Definition Cohabitation is a de facto union, characterised by a stable and continuous life together, between two people living as a couple. Although it is a form of free union, cohabitation is not protected...
19/02/2024
The will: how to draft it?
Estate planning is often postponed. Indeed, in addition to constraints of time and availability, it is not uncommon for people to be simply reluctant to plan the aspects of their own demise. However...
14/06/2023
The risks of a divorce pronounced against one spouse for exclusive fault
A divorce can be pronounced for fault at the request of one of the spouses under article 197 1° of the Civil Code, when the acts attributed to one of the spouses constitute:A serious or repeated breach...
04/05/2023
Relocation of the habitual residence of a protected adult abroad - does...
Taking into account that it is essential to ensure the protection of adults who, because of an impairment of their personal capacities, are unable to protect their interests in a cross-border context...
25/04/2023
Debt "in the making"
Garnishment is a protective procedure useful to any creditor seeking to ensure the payment of sums due to them. This procedure has two major advantages:It is a non-con­tra­dict­ory procedure: the creditor...
12/04/2023
The defence of minor's interests in the proceedings
The role of a minor in civil proceedings is now recognised at both national and international level. By way of illustration, a minor who is capable of discernment may be heard in the context of divorce...
22/12/2022
How to ensure you appoint a trusted person in the event of incapacity?
Legal source The Enduring power of attorney (EPOA) was introduced by law n°1474 of 2 July 2019. It is a protection system of a conventional nature allowing any person to designate, in advance, by POA...
15/12/2022
Foreign trusts: The conditional extension of the Monegasque tax regime
The Monegasque tax regime for inheritance and donation is known to be advantageous since it does not provide for any inheritance or donation tax in direct line (between ascendants and descendants or between...
01/09/2022
New clarifications made by the Monaco Supreme Court on the conditions for...
The Monaco Supreme Court granted, on the 12 July 2022, a resident’s request to annul the decision refusing the renewal of their ordinary residence card. 1.    The minimum period of three-month residency...
09/05/2022
An update on the notion of inheritance fraud
When an inheritance is open, the principle is the equality of sharing between heirs. Any fraud committed on purpose by an heir with the aim of breaking the equality of inheritance in his favour will be...
12/04/2022
The domicile of an adult under guardianship
Domicile is a legal concept that has many civil consequences. For example, in the absence of a choice of law, the domicile is used to determine the law applicable to a succession, a matrimonial regime...