Judgment of the Court (Fourth Chamber) of 26 March 2026 (request for a preliminary ruling from the Oberster Gerichtshof – Austria) – XK, TR, VQ v SM

(Case C-618/24,  (1) Isergartler  (2) )

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Regulation (EU) No 650/2012 - Articles 1, 3 and 4 - Scope - Concept of ‘succession’ - Statutory legacy conferred for services provided by a carer for the deceased during the latter’s lifetime - General jurisdiction of a court of a Member State to rule on the succession as a whole)

(C/2026/3023)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Applicants: XK, TR, VQ

Defendant: SM

Operative part of the judgment

Article 4 of 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, read in conjunction with Article 1 and Article 3(1)(a) thereof

must be interpreted as meaning that the concept of ‘succession’, within the meaning of that Article 4, includes a statutory legacy which is conferred, following the death of a person the succession to whose estate is being administered, irrespective of any testamentary disposition made by the deceased person, to certain persons close to the deceased person for the care that they provided to him or her during a certain period preceding his or her death, where they have not received any gift or remuneration for that care, and that legacy is due, in any event, in addition to a reserved share of the estate, and the beneficiary cannot be deprived of it except on grounds of disinheritance.

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(1)  OJ C, C/2024/6926.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.