Višje sodišče v Celju; 2020-07-22; I Cp 214/2020
Decision by national courts in the field of European Union law — ECLI:SI:VSCE:2020:I.CP.214.2020
Date: 2020-07-22
Subject matter: Judicial cooperation in civil matters
Origin: Slovenia

82020SI0722(51)_ENG_SUMJURE
JURE summary
JURE summary
According to the statement on appeal that the deceased told the heir D. B., when handing over the will, that he expressly wished the succession proceedings to be conducted before a Slovenian court, and also mentioned that he had expressed this wish in the will, there is a likelihood that, in accordance with Article 22(1) of the Succession Regulation (1), the deceased chose the law of the State whose nationality he possessed at the time of making the choice or at the time of death as the law governing his succession as a whole.
In that case, the heirs could, by virtue of Article 5 of the Succession Regulation, conclude an agreement on the choice of court in the manner prescribed in paragraph 2 of that Article. Since the heirs have the possibility of concluding such an agreement, and above all in the interest of procedural economy, it is appropriate that the Court of First Instance first invite the heir D. B. to produce the will and that it open and read the will in accordance with Article 194(5) and Article 195 of the ZD (2), to ascertain whether the deceased chose law in the will and to inform the heirs accordingly, for the purpose of possibly concluding the aforementioned agreement on the choice of court.
(1) 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.
(2) Zakon o dedovanju (Inheritance Act).