New EU Regulation on Succession
On the 27th of July 2012 Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession was publish in the Official Journal (L 201, p. 107 ff.).
Pursuant to its Art. 84(2), the regulation shall apply from 17th of August 2015, to the succession of persons who die on or after the same date. Denmark, Ireland and the United Kingdom are not bound by it.
As a general rule the courts of the Member State in which the deceased had his habitual residence at the time of death shall have jurisdiction to rule on the succession as a whole. If the habitual residence is not located in a Member State, the courts of a Member State in which assets of the estate are located shall have jurisdiction to rule on the succession as a whole subject to some conditions. Limited Choice-of-court agreement (of the state which law was chosen by the deceased person) and forum necessitates are also available for the concerned parties.
The law applicable to the succession as a whole shall be the law of the State in which the deceased had his habitual residence at the time of death. A person may choose as the law to govern his succession as a whole the law of the State whose nationality he possesses at the time of making the choice or at the time of death.
The recognition and enforcement procedure is similar the proceedings under Brussels I Regulation.
The Regulation creates a European Certificate of Succession that is not mandatory and that do not take the place of internal documents used for similar purposes in the Member States. If duly issued the Certificate shall produce its effects in all Member States, without any special procedure being required.
