Jurisdiction and applicable law in succession matters and European Certificate of Succession

SUMMARY OF:

Regulation (EU) No 650/2012 on matters of succession and on the creation of a European Certificate of Succession

SUMMARY

WHAT DOES THE REGULATION DO?

KEY POINTS

Scope

The regulation applies to all civil aspects of the succession to the estates of deceased people.

It does not apply to:

Areas of civil law other than succession, such as matrimonial property regimes, gifts and pension plans are not covered by the regulation.

Jurisdiction and applicable law

The applicable law will govern, for example:

Recognition and enforcement

The application of a single law by a single authority to an international succession avoids parallel proceedings, with possibly conflicting judicial decisions. It also ensures that decisions given in an EU country are recognised throughout the EU without need for any special procedure. Decisions enforceable in the EU country where they have been given are enforceable in another EU country when, on the application of an interested party, they have been declared enforceable there by the local court.

European Certificate of Succession

FROM WHEN DOES THE REGULATION APPLY?

It entered into force on 5 July 2012.

BACKGROUND

For more information, see the e-Justice Portal

ACT

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 (OJ L 201, 27.7.2012, pp. 107-134)

Successive amendments to Regulation (EU) No 650/2012 have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED ACTS

Commission Implementing Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012 of the European Parliament and of the Council 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 (OJ L 359, 16.12.2014, pp. 30-84). See consolidated version.

last update 25.01.2016