Main objectives
The reform has two objectives:- To enhance legal predictability for international families and professionals living in Monaco.
- Ensure unilateral coordination of Monegasque law with international (particularly European) standards and case law.
1. International public policy: towards a more precise framework
The proposal clarifies the concept of "Monegasque international public policy". Until now, this expression appeared in the Code without a clear definition, leading to confusion with domestic public policy.The text introduces the following concepts:
- International public policy refers to the fundamental principles of Monegasque law.
- Contradiction with these principles must be manifest in order to rule out the application of a foreign law.
- Monegasque judges must take into account rights acquired abroad, unless their recognition would clearly violate these principles.
2. International successions: simplification and consistency
Two major measures are proposed:
- Abolition of a rule on the reserved portion of an estate (Art. 63, paragraph 2), which is considered complex and a source of inconsistency. This would allow for the full application of a single law to the entire estate, as in European Regulation No. 650/2012.
- Jurisdiction of the Monegasque court to issue certain documents necessary for the opening and administration of an estate when the applicable law is foreign. This measure addresses the difficulties posed by successions governed by common law, particularly where it is impossible to obtain probate for practical reasons.
3. International gifts: securing transfers
The text introduces clear conflict-of-law rules for gifts:
- In the absence of a choice, the applicable law would be that of the donor's domicile.
- For property donations relating to property located in Monaco, Monegasque law would apply without exception.
4. Transitional provisions: greater clarity
The draft introduces a new Title VI to the Code, setting out the following principles:
- The Code applies from 8 July 2017, unless otherwise specified.
- Procedures in progress on that date remain governed by the old law.
- The specific dates of entry into force of certain provisions (adoption, consumption, succession) are also listed.
This proposal illustrates the desire of the Monegasque National Council to maintain a modern, stable and responsive private international law that is in tune with the diversity of international situations present in Monaco. If adopted, it will strengthen legal certainty for families in a globalised world. Certain points may require clarification as the bill progresses, such as its interaction with Law 214. For the time being, this is a proposed law.
If the law is adopted, families will need to review their estate planning and wills to ensure that they still meet their needs.
At Rosemont Consulting, we welcome these developments as part of Monaco’s continuing modernisation of its legal framework. The clarified and harmonised rules enhance predictability for international families and their advisers — a key factor in estate planning, family governance, and asset structuring.
Our team assists private clients, trustees, and family offices with the taxation aspects of:
- Estate and succession planning under Monegasque and foreign law;
- Cross-border restructuring of trusts, foundations, and companies;
- Recognition and administration of foreign judgments and trusts in Monaco;
- Drafting of wills, marriage contracts, and family governance charters consistent with Monaco’s conflict-of-law rules.
For more information, please contact consulting@rosemont.mc
Rosemont Consulting SARL
Advising international families and their structures in Monaco and beyond.