Professionals

23. Does the Law of 25 April 2014 apply to the provision of assistance to the client for the implementation of a wealth or estate plan?

The requirements of the Law of 25 April 2014 do not apply to the provision of assistance to the client for the implementation of a wealth or estate plan, as no advice is given on optimizing, inter alia, the structuring, the planning, the protection, the legal organization or the transmission of a client’s wealth, according to the needs and goals stated by such client.

Examples:

  • a client asked a lawyer and a notary directly for advice on how to structure a gift to his grandchildren:
    • they advised him to make a gift via a bank. The client asks his bank to draft the documents needed;
    • they advised him to make a gift before a notary and to establish a civil law company. The client asks his bank to opine on the draft deed of gift prepared by the notary and on the articles of association drawn up by the lawyer;
  • a client received direct advice from a notary on how to optimize his matrimonial regime or his estate. The client asks his bank to review the marriage contract or the will drafted by his notary;
  • a client has decided to donate a sum of money to his children and instructs his bank to execute this transaction on the basis of a standardized contract. Explanations and advice from the bank on the desirability of frequently used clauses in standard contract templates do not constitute financial planning advice;
  • a bank or investment firm has provided financial planning advice and the client instructs it to implement the financial plan. In this case, it is important that the financial planning team be organizationally separate from the team which offers investment services or offers the client to buy or sell financial or specific insurance instruments. A bank or an investment firm may accompany the client to the lawyer’s or notary’s office for the formalities attached thereto. However, if in the framework of this support, the client raises questions pertaining to the assessment of the planning technique, the bank or the investment firm may answer them only through a member of the financial planning team.