Estate Planning & International Succession
At Axtead, we assist families in organizing the transfer of their wealth across one or more generations, as well as throughout every stage of estate settlement, both in France and abroad.
Our approach is personalized, strategic, and secure. We ensure close coordination with all stakeholders (notaries, foreign counsel, private bankers, family offices) to guarantee a seamless execution that is fully aligned with your wealth-related interests.
Estate Planning
We design bespoke strategies tailored to your family situation, your wealth-related objectives, and the applicable civil and tax constraints. Our expertise notably covers:
- Inheritance Tax management: gifts, split ownership, “Dutreil Pacts”, etc;
- Protection of vulnerable individuals: minor children, adults under legal guardianship, surviving spouses, etc;
- Professional wealth continuity: implementing tailored governance structures (holdings, fiducie, family councils);
- Cross-border dimensions: managing multiple residencies, foreign assets, dual nationalities, tax treaties, and private international law.
International Estate Settlement
We regularly handle complex or cross-border inheritance matters involving multiple jurisdictions. Our services include:
- Determination of applicable law and conflict-of-laws analysis;
- Evaluation and optimization of French inheritance tax liabilities;
- Preparation and filing of all required tax returns and declarations;
- Organization of asset distribution or disposal, whether regarding real estate, financial portfolios, or corporate holdings;
- Comprehensive support for heirs throughout all post-death procedures, both in France and abroad.
Axtead is recognized for its expertise in high-value and contentious international successions. We act swiftly, offering a cross-disciplinary perspective while working in close synergy with the family’s other advisors.
Questions
Yes. It is entirely possible to implement a wealth transfer strategy that reduces tax liability while retaining–either fully or partially–control over the transferred assets. Several legal and tax mechanisms allow for this balance:
- Split ownership (donating bare ownership–nue-propriété–while retaining usufruct–usufruit).
- Civil companies that allow for collective management and effectively separate equity ownership from management powers.
- Implementing “Dutreil Pacts” that offers a 75% exemption on gift and inheritance taxes while allowing you to maintain your executive functions.
At Axtead, we design balanced strategies that enable our clients to preserve the unity of their wealth and organize their succession, all while staying firmly in charge of their entrepreneurial and private projects.
In a cross-border context, the same asset or transfer can be taxed by two different States (e.g., the deceased’s country of residence and the country where the asset is located).
To prevent double taxation, several steps can be taken:
- Verify the existence of a bilateral tax treaty specifically covering inheritance and estates;
- Apply Private International Law principles to determine the governing law of the succession;
- Identify priority taxing rights based on the nature of the assets (real estate, bank accounts, corporate interests);
- Claim a foreign tax credit or an exemption in one of the relevant jurisdictions, where applicable.
Axtead analyzes the applicable rules, optimizes asset structuring, and works to minimize tax friction throughout the succession process.
In France, the Civil Law Notary (notaire) is responsible for the civil framework of the estate: they establish the certificate of inheritance, handle formal procedures, calculate duties, and prepare the deeds of partition.
The tax attorney, on the other hand, plays a complementary and strategic role, particularly in complex or high-stakes situations:
- Inheritance Tax optimization (gift strategies, tax reliefs, intergenerational transfers);
- Legal securing of structures (“Dutreil Pacts”, split ownership, holding companies, etc.);
- Handling international matters (analyzing tax treaties and territoriality rules);
- Assistance in the event of a tax audit or post-succession reassessment;
- Liaising with foreign counsel, private banks, and family offices.
At Axtead, we work with the notary to structure, secure, and defend the wealth and tax objectives of families and heirs.
