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Trust & Estates

Our specialised team advises private individuals resident in or outside Monaco on personal legal matters including estate planning and trusts.

Wills continue to be the number one legal instrument that private individuals use to transmit their estate. This is the document that allows an individual to designate the heirs to his or her estate and determine the various consequences of that inheritance. Wills have many advantages in that they are legally very effective, but they can also give rise to certain family conflicts.

With our expert knowledge of probate law, we can advise clients on how best to approach even the most complex and diverse situations with a major international component.

Since executing a will usually involves completing a range of formalities with government administrations and banks, we also guide our clients through all of these steps. Trusts are another way to organise and transmit an estate and are frequently used in common law systems but also in Monaco (Law No 214 of 27/02/1936 revising Trust Law No 207 of 12/07/1935).

A trust is an institution originally created under common law to grant a trustee authority to control assets in the interests of a beneficiary or for a purpose determined by the grantor (or settlor) as part of either a living trust or a testamentary trust. Assets entrusted to a trustee constitute a distinct whole and are no longer part of the settlor’s property. The trustee has the authority and duty to administer, manage or dispose of the assets in accordance with the terms of the deed of trust and with trust law provisions applicable to the trustee.

With our know-how, clients receive advice and support in setting up a trust and the assurance that it will comply with the specific requirements of Monaco law. Divorce proceedings can however have a significant impact on managing a trust. This is why clients with any assets held in trust are strongly advised to consult us before launching divorce proceedings, so that our team can take the necessary steps to foresee and protect against any consequences.

Issues such as these can be even more acute in Monaco due to its concentration of wealth, linguistic diversity and the co-existence of 139 different nationalities. This is why our teams are constantly updating their legal knowledge of these issues and working with our specialised correspondents in other countries.

Monaco has become so international that it recently adopted a Code of Private International Law to offer greater certainty when settling issues of conflict of laws and of jurisdiction. This applies to all branches of private law such as inheritance and also trusts.

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Cross-border estates
The Principality of Monaco is home to a concentration of wealth, linguistic diversity and more than 139 different nationalities, meaning that successi
Succession & Estate planning
This specialised team assists private clients with their assets during every phase of their lives including later in life when planning their successi

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31/05/2022
The con­di­tions for third party ac­cess to in­form­a­tion held by re­gisters...
The Prin­cip­al­ity of Monaco has up­dated and strengthened its meas­ures to com­bat money laun­der­ing, ter­ror­ist fin­an­cing and cor­rup­tion by ad­opt­ing Act 1.503 of 23 Decem­ber 2020, now sup­ple­men­ted by Act 1.520...
09/05/2022
An up­date on the no­tion of in­her­it­ance fraud
When an in­her­it­ance is opened, the prin­ciple is the equal­ity of shar­ing between heirs.Any fraud com­mit­ted vol­un­tar­ily by an heir with the aim of break­ing the equal­ity of in­her­it­ance in his fa­vour will...
31/03/2022
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...
15/07/2021
AN OF­FI­CIAL RE­COG­NI­TION OF THE “CHIL­DREN OF THE COUN­TRY”
Dur­ing the pub­lic le­gis­lat­ive ses­sion held on June 30, 2021, the mem­bers of the Na­tion­al Coun­cil en­thu­si­ast­ic­ally passed the bill n°933 re­cog­niz­ing the “chil­dren of the coun­try” and their con­tri­bu­tion...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
27/05/2020
Fight against money laun­der­ing, ter­ror­ist fin­an­cing and cor­rup­tion in Monaco:...
Dir­ect­ive (EU) 2018/843 of the European Par­lia­ment and of the Coun­cil dated 30 May 2018, known as the "5th Anti-Money Laun­der­ing Dir­ect­ive", was in­cluded, by Sov­er­eign Or­din­ance No 7.440 of 26 April 2019...
08/05/2020
In­ter­na­tion­al Es­tate: How to plan
Or­gan­ising one's suc­ces­sion guar­an­tees, on the one hand, the ef­fi­cient trans­mis­sion of one's as­sets and, on the oth­er hand, the pre­ser­va­tion of the in­terests of one's re­l­at­ives as de­sired by the test­at­or.However...
04/05/2020
End of lock­down in Monaco: our of­fices will re­open on 11 May
We are de­lighted to an­nounce the re­open­ing of our of­fices on 11 May.We will con­tin­ue to en­cour­age the hold­ing of re­mote meet­ings (by tele­phone or video­con­fer­ence), while of­fer­ing our cli­ents the pos­sib­il­ity...
02/01/2020
Private Cli­ent
Christine Pasquier Ciulla and Re­gina Gri­ciuc have re­cently au­thored the Monaco Chapter of the 2020 edi­tion of the Private Cli­ent Guide by Get­ting the Deal Through. In this Q&A, they provide brief and...
10/12/2019
Géraldine Gazo joins the CMS Part­ners
The Part­ners of CMS in Monaco an­nounce the ad­di­tion of new Part­ner, Me Géraldine Gazo, to the Private Cli­ents’ team.A mem­ber of the Monaco Bar since 1997 and Avocat-Défen­seur since 2005, Me Géraldine...
13/11/2019
Es­tate-plan­ning in the di­git­al age
With tech­no­logy open­ing ever new ho­ri­zons and on­line activ­it­ies be­com­ing pre­pon­der­ant in mod­ern life, a new class of as­sets has emerged and has been gain­ing grow­ing im­port­ance: di­git­al as­sets.Di­git­al...
30/09/2019
Private Cli­ents & Tax
Our Private Cli­ents’ team provides some prat­ic­al in­sight in­to a num­ber of tax is­sues in « Monaco: Private Cli­ent (2nd edi­tion)», a Q&A pub­lished by The Leg­al 500 et The In-house Law­yer. Is­sues covered...