Cross
///Border
Capacity
Expert Legal Support
When you or someone you care for has legal responsibilities across both France and the UK — for example owning property, managing finances, or inheriting assets — questions of capacity can become complex.
Our bilingual French law team helps Attorneys, and Deputies ensure that powers granted in one country are recognised (or properly established) in the other, protecting the interests of the Protected Party and avoiding delays or invalid decisions.
Why Cross-Border Capacity Matter
- England & Wales has not ratified the Hague Convention on the International Protection of Adults. That means English Lasting Powers of Attorney or Deputyship Orders may not automatically be accepted by French institutions.
- Without proper recognition, controlling French bank accounts, managing property, or claiming inheritance may become legally difficult or impossible.
- Clear legal advice can prevent wasted time, cost, and emotional stress.
What We Can Help With
We assist in a variety of cross-border capacity scenarios, including:
- You are a professional or lay Deputy or Attorney and wish to sell or otherwise manage French property belonging to a Protected Party.
- You are a professional or lay Deputy or Attorney needing to manage or close a French bank account on behalf of a Protected Party.
- You are a professional or lay Deputy or Attorney, and the Protected Party is due to inherit assets located in France.
- You have capacity now and want to prepare for the future by creating a valid English Lasting Power of Attorney or a French mandat de protection future.
- You are applying for a Deputyship Order in England & Wales, and the Protected Party already owns French assets.
How We Work With You
- Initial Review
We assess existing documents (e.g. Powers of Attorney, Deputyship Orders, property deeds, bank account ownership) to understand what’s already in place and where gaps or risks lie. - Advice & Document Preparation
We guide you through what kind of legal instruments are required in the French context (or how to adapt existing ones), prepare translations, ensure formalities are met, and liaise with French authorities if needed. - Recognition & Implementation
Where recognition by French institutions is discretionary, we support your case (documents, legal arguments) to increase the chance of acceptance. We also assist with registrations or any formal attestation required in either jurisdiction.
FAQs
Will my English Lasting Power of Attorney be recognised in France?
Not always. Recognition depends on the institution or authority in France. Some accept them; others require separate French instruments (such as a mandat de protection future). We advise on how to ensure documents are valid in both jurisdictions.
What is a mandat de protection future?
A French document allowing a person to appoint someone to make decisions on their behalf in the future if they lose capacity. It can help ensure continuity if you have assets in France.
What should a Deputy or Attorney know if the Protected Party has French assets?
They should verify whether they can legally exercise powers over those assets under both English and French law, whether additional documents are needed, and whether acceptance or recognition by French authorities is required.
If I apply for Deputyship in England & Wales, will that give me rights in France?
Not automatically. In some cases, French authorities will accept Deputyship Orders from England & Wales; in others, you may need further documentation, translation, or a French legal instrument.
Get Expert Advice Today
Our bilingual French law specialists are ready to assist with capacity-related issues involving both France and the UK — for attorneys, deputies, executors, or individuals planning ahead.
EXPERT LEGAL ADVICE
Our French Experts
Marc White
Solicitor, Notary Public & Accredited Mediator
Madeleine Carin
French Paralegal
Léa Maynard
Solicitor & Head of French Law