Proposal For a European Regulation Regarding Matters of Succession

9 March 2010

 The European Parliament and Council’s Proposal for a regulation regarding matters of succession such as jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments and the creation of a european certificate of succession is currently under parliamentary review.

The text approved at the end of 2009 by the EU Commission is currently being reviewed by the European Parliament’s Legal Affairs Committee.

The objective of the proposal for EU regulation is to move towards the creation of a “genuine European Civil Judicial Area”.

The proposed regulation is an attempt to resolve various problems currently facing individuals in matters of international successions within the EU, such as difficulties in determining the country or competent authority to settle the succession, conflict of law, restrictions on the testator’s freedom to choose applicable law, restrictions as regards recognition and enforcement of decisions or acts or restrictions on recognition of the status of heir /legatee or administrator/executor. The proposal favours the adoption of: common rules for determining jurisdiction and applicable law, harmonised rules which allow the testator some choice as to applicable law, harmonisation of the rules for recognition and enforcement of decisions and authentic acts and the creation of a European certificate of succession.

Considering the fact that 4.5 million people die in the EU each year and between 9 and 10% of the total number of successions involve an international dimension, the scope of the proposed EU law is certainly relevant.
 

For furhter information please contact Tomás Brantuas: tbrantuas@mmmm.es