Section 27 Notices

Has anyone come across the equivalent of a Section 27 Notice (to protect Execs/Trustees in an estate) in France? If not, does anyone have any suggestions on how you might find out?

Many thanks in advance.

Sarina Clayton
Taylor Walton

I cannot say for certain, not being French qualified, but my understanding is that French law does not have the concept of PRs in the same way that we do in England & Wales. It is the beneficiaries who become entitled to the estate directly - the estate vests in them on the death - although there is a mechanism for one of the beneficiaries to be nominated to take a lead role. That role is only a little like being a PR, but nothing like the E&W concept. Consequently, it is the beneficiaries who become liable for any debts, without a PR being interposed - there is no PR to sue. I would therefore be surprised if there was an equivalent of the s27 provisions, as it seems that one is not required under French succession law.

If, in France, English succession law were to apply by virtue of the EU Succession Regulation, I am anticipating that this would bring with it the English concept of PRs and their duties, obligations, rights and protections, although how exactly that will work in France remains to be seen. However, it would be the provisions of s27 itself which would operate to the assistance of the PR, by virtue of the EUSR, and not some separate provision of French law. I would be interested to hear from anyone who has encountered this issue since 17 August 2015.

Paul Davidoff
Moon Beever