Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession {SEC(2009) 410} {SEC (2009)411}
Date: 2009-10-14
Institutions: European Commission
Subjects: European judicial area, approximation of laws, area of freedom, security and justice, inheritance, law of succession, mutual recognition principle

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.10.2009 
COM(2009)154 final 

2009/0157 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on jurisdiction, applicable law, recognition and enforcement of decisions and authentic 
instruments in matters of succession and the creation of a European Certificate of 
Succession 

{SEC(2009) 410} 
{SEC (2009)411} 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND TO THE PROPOSAL 

1.1. 

General background  

Article 61 of the Treaty establishing the European Community (hereinafter the “Treaty”) sets 
out  the  objective  of  progressively  establishing  a  common  area  of  freedom,  security  and 
justice, in particular by adopting measures in the field of judicial cooperation in civil matters. 
Article  65  explicitly  mentions  measures  “improving  and  simplifying  the  recognition  and 
enforcement of decisions in civil and commercial matters, including decisions in extrajudicial 
cases”  and  “promoting  the  compatibility  of  the  rules  applicable  in  the  Member  States 
concerning  the  conflict  of  laws  and  of  jurisdiction”.  The  numerous  instruments  which  have 
already  been  adopted  on  this  basis,  in  particular  Regulation  (EC)  No  44/20011,  exclude 
succession from their scope. 

The  adoption  of  a  European  instrument  in  the  area  of  successions  was  already  one  of  the 
priorities of the 1998 Vienna Action Plan2. The Hague Programme3 calls for the presentation 
of an instrument covering all the issues involved: applicable law, jurisdiction and recognition, 
administrative measures (certificates of inheritance, registration of wills). In accordance with 
the conclusions of the impact assessment, the question of the registration of wills will be dealt 
with as part of a future Community initiative. 

1.2. 

Grounds for and objectives of the proposal 

The significance of cross-border successions within the European Union has been highlighted 
in  the  impact  assessment  attached  to  the  proposal.  The  diversity  of  both  the  rules  under 
substantive law and the rules of international jurisdiction or of applicable law, the multitude 
of authorities to which international succession matters can be referred and the fragmentation 
of successions which can result from these divergent rules are obstacles to the free movement 
of persons in the Union. Today, such persons are therefore faced with considerable difficulties 
in asserting their rights with regard to an international succession. These divergent rules also 
prevent the full  exercise of private property law, which, in accordance  with  the  settled case 
law of the Court of Justice, forms an integral part of the fundamental rights which the Court 
ensures  are  respected4.  The  objective  of  this  proposal  is  to  enable  people  living  in  the 
European Union to organise their succession in advance and effectively to guarantee the rights 
of heirs and/or legatees and of other persons linked to the deceased, as well as creditors of the 
succession. 

2. 

RESULT OF THE CONSULTATIONS – IMPACT ASSESSMENT 

Before this proposal was drawn up, a wide-ranging consultation exercise took place within the 
Member States, the other institutions and the public. The Commission was sent a “Study on 
international successions in the European Union”, which had been drawn up by the German 

1 
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4 

OJ L 12, 16.1.2001, p. 1.  
OJ C 19, 23.1.1999. 
See the Presidency conclusions, Brussels European Council, 4 and 5 November 2004. 
Case C-200/96 Metronome Musik [1998] ECR I-01953; Joined Cases C-154 and C-155/04 Alliance for 
Natural Health and Others [2005] ECR I-06451. 

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Institute  of  Notaries  in  November  20025.  Its  Green  Paper  on  successions  and  wills6
,  which 
was  published  on  1  March  2005,  elicited  60  or  so  replies  and  was  followed  by  a  public 
hearing  on  30  November  20067.  A  group  of  experts  known  as  “PRM  III/IV”,  set  up  by  the 
Commission  on  1  March  20068  met  on  seven  occasions  between  2006  and  2008,  and  the 
Commission  organised  a  meeting  of  national  experts  on  30  June  2008.  The  contributions 
received confirm the need for a Community instrument in this area and support the adoption 
of a proposal covering, among other things, questions concerning applicable law, jurisdiction, 
recognition  and  enforcement  of  decisions  and  the  creation  of  a  European  Certificate  of 
Succession9.  The  adoption  of  such  an  instrument  has  received  the  support  of  the  European 
Parliament10  and  the  European  Economic  and  Social  Committee11.  The  Commission  has 
carried out an impact assessment which is attached to the proposal.  

3. 

LEGAL ASPECTS OF THE PROPOSAL 

3.1. 

Legal basis 

Article 67(5) of the Treaty stipulates that the Council may take the measures provided for in 
Article 65 using the co-decision procedure laid down in Article 251 of the Treaty, except with 
regard to “aspects relating to family law”.  

It should first be emphasized that the vast majority of Member States, with the exception of 
the Nordic countries,  classify  the law of succession  as  a  matter  distinct  from  family  law  on 
account of the fact that it mainly covers property. Even at the level of substantive law, there 
are significant differences between the two matters. The main aim of the law of succession is 
to  define  the  rules  for  passing  on  the  inheritance  and  for  regulating  the  transfer  of  the 
inheritance  itself. Unlike inheritance  law, the objective of family law is to govern above all 
the  legal  relationships  linked  to  marriage  and  partnerships,  filiation  and  the  civil  status  of 
persons. Its basic social function is to protect family ties. Moreover, in contrast to family law, 
where  the  wishes  of  individuals  play  a  very  minor  role  and  the  vast  majority  of  ties  are 
governed  by  public  policy,  the  law  of  succession  remains  a  matter  where  the  wishes  of  the 
entitled party play an important role.  

There is therefore sufficient autonomy within these two branches of civil law for these matters 
to be treated separately from each other. Furthermore, as this is an exception, Article 67(5), 
second  indent,  of  the  Treaty  must  continue  to  be  interpreted  and  applied  strictly  by  the 
institutions. The exception is therefore not applicable to this Regulation as far as succession is 
concerned. 

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http://www.successions.org. 
COM(2005) 65, http://europa.eu/scadplus/leg/en/lvb/l16017.htm. 

http://ec.europa.eu/justice_home/news/consulting_public/successions/contributions/summary_c

ontributions_successions_fr.pdf 
OJ C 51, 1.3.2006, p. 3. 

http://ec.europa.eu/justice_home/news/consulting_public/successions/contributions/summary_c

ontributions_successions_fr.pdf 
Resolution of 16.11.2006, P6_TA(2006)0496. 
Opinion of 26.10.2005, OJ C 28, 3.2.2006, pp. 1-5. 

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The  Community  institutions  have  a  certain  margin  of  discretion  in  determining  whether  a 
measure is necessary for the proper functioning of the internal market. The objective of this 
proposal is to eliminate all the obstacles to the free movement  of persons arising  out of  the 
differences between the rules of the Member States governing international successions. 

3.2. 

Subsidiarity principle 

The  objectives  of  the  proposal  can  be  met  only  by  way  of  common  rules  governing 
international  successions  which  must  be  identical  in  order  to  guarantee  legal  certainty  and 
predictability for citizens. Unilateral action by Member States would therefore run counter to 
this objective. There is a Hague Convention concerning the law relating to successions ( “the 
Convention”) which has never entered into force12. The Hague Convention of 5 October 1961 
on the conflicts of laws relating to the form of testamentary dispositions has been ratified by 
16 Member States. It would be desirable for the other Member States to ratify the Convention 
in the interests of the Community.  

All  the  consultations  and  studies  have  illustrated  the  amplitude  of  the  problems  with  which 
this proposal deals.  

3.3. 

Proportionality principle and choice of instrument 

The proposal does not go beyond what is strictly necessary to achieve its objectives. It does 
not harmonize either the law of succession or the property law of Member States. Nor does it 
affect the way in which inheritances are taxed by Member States. Consequently, international 
successions  could  continue  to  give  rise  to  inconsistencies  between  national  tax  systems  and 
they  may  lead  to  double  taxation  or  discrimination.  The  Commission  intends  to  present  a 
communication addressing these issues in the course of 2010. 

The need for legal certainty and predictability calls for clear and uniform rules and imposes 
the  form  of  a  regulation.  The  objectives  would  be  compromised  if  the  Member  States  had 
some discretion with regard to implementing the rules. 

4. 

COMMENTS ON THE ARTICLES 

4.1. 

Chapter I: Scope of application and definitions 

Article 1 

The concept of “succession” must be interpreted in an autonomous manner and encompasses 
all the elements of a succession, in particular its handover, administration and liquidation.  

The  exclusion  of  rights  and  properties  created  or  transferred  other  than  by  means  of 
succession to the estates of deceased persons covers not only the forms of joint property [joint 
tenancy] known under common law, but also all forms of gifts under civil law.  

The exception envisaged for trusts is not an obstacle to the  application  to succession of the 
law governing it on the basis of this Regulation. 

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The Hague Convention of 1 August 1989 on the law applicable to succession to the estates of deceased 
persons. 

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Paragraph (j) stipulates that the Regulation applies to the acquisition of a right in rem relating 
to inherited property, but not to the content of such a right. The Regulation does not affect the 
"numerus  clausus"  of  property  law  in  the  Member  States,  the  classification  of  property  and 
rights,  and  the  determination  of  the  prerogatives  of  the  holder  of  such  rights.  As  a 
consequence, it is not, in principle, valid to establish a right in rem without knowing the law 
of  the  place  in  which  the  property  is  located.  The  law  on  succession  cannot  lead  to  the 
introduction  in  the  State  in  which  the  property  is  located  of  a  property  law  clause,  or  the 
stripping of such clause, without the knowledge of the State. For example, usufruct cannot be 
introduced in a State which does not recognise it. However, this exception does not apply to 
the transfer of a right in rem recognised by the Member State in which the inherited property 
is located. 

The  publication  of  property  rights,  in  particular  the  functioning  of  the  land  register  and  the 
effects of an entry or failure to make an entry in this register, is also excluded.  

Article 2 

Courts: More often than not, successions are settled out of court. The concept of courts used 
in  this  Regulation  is  used  in  its  broadest  sense  and  includes  other  authorities  where  they 
exercise  a  function  falling  within  the  jurisdiction  of  the  courts,  in  particular  by  means  of 
delegation, including notaries and court clerks.  

4.2. 

Chapter II: Jurisdiction 

Article 4 

The rules of legal jurisdiction relating to succession vary considerably between the Member 
States. This leads to positive conflicts, where the courts in several States declare themselves 
to be competent, or negative conflicts, where no court declares itself to be competent. In order 
to  avoid  these  difficulties  for  citizens,  a  uniform  rule  is  required.  The  competence  of  the 
Member  State  where  the  deceased  had  their  last  habitual  residence  is  the  most  widespread 
method  used  in  the  Member  States  and  frequently  coincides  with  the  location  of  the 
deceased’s property. These courts will be competent to rule on all elements of the succession, 
irrespective of whether adversarial or non-adversarial proceedings are involved.  

Article 5 

Referral to a more appropriate court should not be automatic where the deceased has chosen 
the law of another Member State. The competent court should take into account, among other 
things,  the  interests  of  the  deceased,  the  heirs,  legatees  and  creditors,  and  their  habitual 
residence.  This  rule  would  in  particular  allow  a  balanced  solution  to  be  found  where  the 
deceased had lived for a short while in a Member State other than that of their nationality and 
where their family has remained in their Member State of origin.  

Article 6 

Where the deceased had their residence in a third State, this rule guarantees access to justice 
for Community heirs and creditors where the location has close links with a Member State on 
account of the presence of property. 

Article 9 

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The  close  links  between  the  succession  rules  and  the  substantive  rules  require  exceptional 
jurisdiction  on  the  part  of  the  courts  in  the  Member  State  in  which  the  property  is  located 
where  the  law  of  that  Member  State  requires  the  intervention  of  its  courts.  However,  this 
jurisdiction is strictly limited to the aspects of substantive law relating to the transmission of 
the property.  

4.3. 

Chapter III: Applicable law 

Article 16 

A single scheme 

The disadvantages of the so-called system of scission, in which succession to movable assets 
is subject to the law of residence of the deceased and succession to the estate is subject to the 
law of the State in which the property is located, were highlighted in the consultations. The 
system creates several bodies of assets, each one subject to a different law which determines 
differently heirs and their respective shares, and the division and liquidation of the succession. 
The  choice  to  create  a  single  scheme  by  means  of  a  regulation  allows  the  succession  to  be 
subjected to a single law, thereby avoiding these disadvantages. A single scheme also enables 
a  testator  to  plan  the  division  of  their  property  between  their  heirs  in  a  fair  manner, 
irrespective of the location of this property. 

The connecting factor: the law of the last habitual residence of the deceased 

The  Regulation  retains  this  law,  instead  of  the  law  of  nationality,  as  it  coincides  with  the 
centre  of  interest  of  the  deceased  and  often  with  the  place  where  most  of  their  property  is 
located. Such a connection is more favourable to integration into the Member State of habitual 
residence  and  avoids  any  discrimination  regarding  persons  who  are  resident  there  without 
possessing  the  relevant  nationality.  Habitual  residence  has  also  been  retained  in  the 
conflict-of-law  rules  of  several  Member  States  and  in  all  modern  legal  instruments,  in 
particular in the Convention. 

Article 17 

All the legal systems of the Member States have mechanisms intended to guarantee support 
for the relatives of the deceased, including primarily the mechanisms concerning the reserved 
portion  of  an  estate.  However,  testators  who  are  nationals  of  Member  States  in  which  inter 
vivos gifts are considered irrevocable may confirm the validity of such acts by opting for their 
national  law  as  that  applying  to  their  successions.  A  key  objective  of  the  Regulation  is  to 
ensure  that  these  mechanisms  are  respected.  By  allowing  the  testator  a  choice  of  law,  a 
compromise needed to be found between the benefits of such a choice, e.g. legal certainty and 
a greater ability to plan their succession, and the protection of the legitimate interests of the 
relatives of the deceased, in particular the surviving spouse and children. For this reason, the 
Regulation  allows  the  testator  only  to  choose  the  law  governing  their  nationality,  and  this 
must be assessed in conjunction with the general rule leading to the application of the law of 
residence. This choice enables the testator who has benefited from the freedom of movement 
offered within the Union but who is keen to preserve close links with their country of origin to 
maintain  these  cultural  links  by  means  of  their  succession.  This  solution  has  also  been 
advocated by the European Parliament. 

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Exclusion of other choices: The Regulation has removed the possibility of choosing as the law 
applicable  to  succession  the  law  applicable  to  matrimonial  property  scheme  of  the  testator. 
Such  a  provision  would  have  allowed  multiple  choices  where,  for  the  matrimonial  property 
schemes,  the  spouses  benefit  from  greater  flexibility  in  their  choice  of  applicable  law.  This 
would have run counter to the above objectives. 

Article 18 

It is vital to provide for rules governing the law applicable to the agreements as to succession 
and joint wills used in certain States, e.g. in order to organise the transfer of a company and 
for couples to allow the surviving spouse to benefit from joint property.  

Article 21 

The  aim  of  this  Article  is  to  take  into  account  the  specific  features  of  common  law  legal 
systems, such as the English legal system, where the heirs do not directly acquire the rights of 
the deceased upon the latter's death but where the succession is managed by an administrator 
appointed and supervised by the judge. 

Article 22 

On account of their economic, family or social purpose, some buildings, enterprises or other 
categories of property are subject to a special succession regime in the Member State in which 
they are located, and this should be respected. Such a special scheme exists, for example, for 
family farms. This exception requires strict interpretation in order to remain compatible with 
the  general  objective  of  this  Regulation.  In  particular,  it  does  not  apply  to  the  system  of 
scission or to the reserved portion of an estate. 

Article 27 

Recourse to public policy must occur in exceptional circumstances only. Differences between 
the laws relating to the protection of the legitimate interests of the relatives of the deceased 
must  not  be  used  to  justify  its  use,  as  this  would  be  incompatible  with  the  objective  of 
ensuring the application of a single law to all of the succession property. 

4.4. 

Chapter IV: Recognition and enforcement 

The  provisions  contained  in  this  Chapter  are  based  on  the  corresponding  rules  contained  in 
Regulation (EC) No 44/2001. Provision is made for the recognition of all the decisions and 
legal transactions in order to give substance in succession matters to the principle of mutual 
recognition, which is based on the principle of mutual trust. The grounds for non-recognition 
have therefore been kept to the necessary minimum. 

4.5. 

Chapter V: Authentic instruments 

In  view  of  the  practical  importance  of  authentic  instruments  in  succession  matters,  this 
Regulation  should  ensure  their  recognition  in  order  to  allow  their  free  movement.  This 
recognition means that they will enjoy the same full and complete evidentiary effect in respect 
of the contents of the recorded instruments and the facts contained therein as that of national 
authentic  instruments  or  on  the  same  basis  as  in  their  country  of  origin,  a  presumption  of 
authenticity, and an enforceable nature within the limits set by this Regulation.  

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4.6. 

Chapter VI: European Certificate of Succession 

In order to enable international successions to be settled rapidly, this Regulation introduces a 
European Certificate of Succession. To facilitate its circulation in the Union, a uniform model 
certificate should be adopted and an authority appointed which would have the international 
competence to issue it. Consistency with the rules of substantive jurisdiction requires that the 
authority should be the same court as has jurisdiction to settle the succession. 

This certificate does not replace existing certificates in certain Member States. In the Member 
State  of  the  competent  authority,  the  capacity  of  heir  and  the  powers  of  an  administrator  or 
executor of the succession must therefore be proven according to the domestic procedure. 

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2009/0157 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on jurisdiction, applicable law, recognition and enforcement of decisions and authentic 
instruments in matters of succession and the creation of a European Certificate of 
Succession  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
61(c) and the second indent of Article 67(5) thereof, 

Having regard to the proposal from the Commission13, 

Having regard to the opinion of the European Economic and Social Committee14, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Community has set itself the objective of maintaining and developing an area of 
freedom, security and justice. For the progressive establishment of such an area, it has 
to adopt measures relating to judicial cooperation in civil matters with a cross-border 
impact to the extent necessary for the proper functioning of the internal market. 

In  accordance  with  Article 65(b)  of  the  Treaty,  these  measures  are  to  include  those 
promoting the compatibility of the rules applicable in the Member States concerning 
the conflict of laws and of jurisdiction.  

The European Council meeting in Tampere on 15 and 16 October 1999 endorsed the 
principle of mutual recognition of judgments and other decisions of judicial authorities 
as the cornerstone of judicial cooperation in civil matters and invited the Council and 
the Commission to adopt a programme of measures to implement that principle. 

On  30  November  2000  the  Council  adopted  a  draft  programme  of  measures  for 
implementation  of  the  principle  of  mutual  recognition  of  decisions  in  civil  and 
commercial  matters15.The  programme 
the 
harmonisation  of  conflict-of-law  rules  as  those  facilitating  the  mutual  recognition  of 
decisions. It provides for the drawing up of an instrument relating to successions and 
wills,  which  were  not  included  in  Council  Regulation  (EC)  No  44/2001  of  22 

identifies  measures 

relating 

to 

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15 

OJ C , , p. .  
OJ C , , p. .  
OJ C 12, 15.1.2001, p. 1. 

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(5) 

(6) 

(7) 

(8) 

(9) 

December 2000 on jurisdiction and the recognition and enforcement of judgments in 
civil and commercial matters16 . 

The European Council meeting in Brussels on 4 and 5 November 2004 adopted a new 
programme  entitled  “The  Hague  Programme:  strengthening  freedom,  security  and 
justice in the European Union"17.The programme underlines the need to adopt by 2011 
an instrument on the law of succession which deals among other things with the issue 
of  conflict  of  laws,  legal  jurisdiction,  mutual  recognition  and  the  enforcement  of 
decisions in this area, a European Certificate of Succession and a mechanism enabling 
it to be known with certainty if a resident of the European Union has left a last will or 
testament.  

The smooth functioning  of  the internal market should be  facilitated by removing the 
obstacles  to  the  free  movement  of  persons  who  currently  face  difficulties  asserting 
their  rights  in  the  context  of  an  international  succession.  In  the  European  area  of 
justice,  citizens  must  be  able  to  organise  their  succession  in  advance.  The  rights  of 
heirs  and/or  legatees,  other  persons  linked  to  the  deceased  and  creditors  of  the 
succession must be effectively guaranteed. 

In  order  to  achieve  these  objectives,  this  Regulation  should  group  together  the 
provisions  on  legal  jurisdiction,  applicable  law,  recognition  and  enforcement  of 
decisions  and  authentic  instruments  in  this  area  and  on  the  European  Certificate  of 
Succession.  

The  scope  of  this  Regulation  should  include  all  questions  arising  in  civil  law  in 
connection  with  succession  to  the  estates  of  deceased  persons,  namely  all  forms  of 
transfer  of  property  as  a  result  of  death,  be  it  by  voluntary  transfer,  transfer  in 
accordance with a will or an agreement as to succession, or a legal transfer of property 
as a result of death.  

The validity and effects of gifts are covered by Regulation (EC) No 593/2008 of the 
European  Parliament  and  of  the  Council  of  17  June  2008  on  the  law  applicable  to 
contractual obligations (Rome I)18. They should therefore be excluded from the scope 
of  this  Regulation  in  the  same  way  as  other  rights  and  assets  created  or  transferred 
other than by succession. However, it is the law on succession determined pursuant to 
this Regulation which should specify if this gift or other form of provisions inter vivos 
giving  rise  to  an  immediate  right  in  rem  can  lead  to  any  obligation  to  restore  or 
account for gifts when determining the shares of heirs or legatees in accordance with 
the law on succession.  

(10)  While this Regulation should cover the method of acquiring a right in rem in respect 
of tangible or intangible property as provided for in the law governing the succession, 
the  exhaustive  list  (“numerus  clausus”)  of  rights  in  rem  which  may  exist  under  the 
national law of the Member States, which is, in principle, governed by the lex rei sitae, 
should be included in the national rules governing conflict of laws. The publication of 
these rights, in particular the functioning of the land registry and the effects of entry or 

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OJ L 12, 16.1.2001, p. 1. 
OJ C 53, 3.3.2005, p. 1. 
OJ L 177, 4.7.2008, p. 6. 

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(11) 

(12) 

(13) 

(14) 

failure to make an entry into the register, which is also governed by local law, should 
also be excluded.  

In  order  to  take  into  account  the  different  methods  of  settling  a  succession  in  the 
Member States, this Regulation should define the jurisdiction of the courts in the broad 
sense,  including  the  jurisdiction  of  non-judicial  authorities  where  they  exercise  a 
jurisdictional role, in particular by delegation. 

In view of the increasing mobility of European citizens and in order to encourage good 
administration  of  justice  within  the  European  Union  and  to  ensure  that  a  genuine 
connecting  factor  exists  between  the  succession  and  the  Member  State  exercising 
jurisdiction,  this  Regulation  should  provide  for  the  competence  of  the  courts  of  the 
Member  State  of  the  last  habitual  residence  of  the  deceased  for  the  whole  of  the 
succession.  For  the  same  reasons,  it  should  allow  the  competent  court,  by  way  of 
exception  and  under  certain  conditions,  to  transfer  the  case  to  the  jurisdiction  where 
the deceased had nationality if the latter is better placed to hear the case. 

In order to facilitate mutual recognition, no referral to the rules of jurisdiction under 
national  law  should  be  envisaged  from  now  on.  There  are  therefore  grounds  for 
determining  in  this  Regulation  the  cases  in  which  a  court  in  a  Member  State  can 
exercise subsidiary jurisdiction. 

In order to simplify the lives of heirs and legatees living in a Member State other than 
that in which the courts are competent to settle the succession, the settlement should 
authorise them to make declarations regarding the acceptance or waiver of succession 
in the manner provided for under the law of their last habitual residence, if necessary 
before the courts of that State. 

(15)  The close links between the succession rules and the substantive rules mean that the 
Regulation should provide for the exceptional competence of the courts of the Member 
State  where  the  property  is  located  if  the  law  of  this  Member  State  requires  the 
intervention of its courts in order to take measures covered by substantive law relating 
to the transmission of this property and its recording in the land registers. 

(16)  The harmonious functioning of justice requires that irreconcilable decisions should not 
be pronounced in two Member States. To this end, this Regulation should provide for 
general rules of procedure based on Regulation (EC) No 44/2001.  

(17) 

In order to allow citizens to avail themselves, with all legal certainty, of the benefits 
offered by the internal market, this Regulation should enable them to know in advance 
which law will apply to their succession. Harmonised rules governing conflict of laws 
should be introduced in order to avoid contradictory decisions being delivered in the 
Member  States.  The  main  rule  should  ensure  that  the  succession  is  governed  by  a 
predictable law to which it is closely linked. Concern for legal certainty requires that 
this law should cover all of the property involved in the succession, irrespective of its 
nature or location, in order to avoid difficulties arising from the fragmentation of the 
succession. 

(18)  This  Regulation  should  make  it  easier  for  citizens  to  organise  their  succession  in 
advance by enabling them to choose the applicable law. This choice should be subject 
to strict rules in order to respect the legitimate expectations of the heirs and legatees. 

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(19)  The validity of the form of dispositions of property upon death is not covered by the 
Regulation. For the Member States which have ratified it, its scope is governed by the 
provisions  of  the  Hague  Convention  of  5  October  1961  on  the  conflicts  of  laws 
relating to the form of testamentary dispositions.  

(20) 

In order to facilitate recognition of succession rights acquired in a Member State, the 
conflict-of-laws rule should favour the validity of the agreements as to succession by 
accepting  alternative  connecting  factors.  The  legitimate  expectations  of  third  parties 
should be preserved. 

(21)  To the extent compatible with the general objective of this Regulation and in order to 
facilitate the transmission of a right in rem acquired under the law on succession, this 
Regulation should not present an obstacle to the application of certain mandatory rules 
of law of the place in which property is located that are exhaustively listed. 

(22)  On account of their economic, family or social purpose, some buildings, enterprises or 
other  categories  of  property  are  subject  to  a  particular  succession  regime  in  the 
Member State in which they are located. This Regulation should respect the particular 
regime. However, this exception to the application of the law on succession requires 
strict  interpretation  in  order  to  remain  compatible  with  the  general  objective  of  this 
Regulation.  The  exception  does  not  apply  in  particular  to  the  conflict-of-laws  rule 
subjecting  immovable  property  to  a  different  law  from  that  applicable  to  movable 
property or to the reserved portion of an estate. 

(23)  The differences between, on the one hand, national solutions as to the right of the State 
to  seize  a  vacant  succession  and,  on  the  other  hand,  the  handling  of  a  situation  in 
which the order of death of one or more persons is not known can lead to contradictory 
results or, conversely, the absence of a solution. This Regulation should provide for a 
result consistent with the substantive law of the Member States.  

(24)  Considerations  of  public  interest  should  allow  courts  in  the  Member  States  the 
opportunity in exceptional circumstances to disregard the application of foreign law in 
a given case where this would be contrary to the public policy of the forum. However, 
the courts should not be able to apply the public-policy exception in order to disregard 
the  law  of  another  Member  State  or  to  refuse  to  recognise  or  enforce  a  decision,  an 
authentic instrument, a legal transaction or a European Certificate of Succession drawn 
up  in  another  Member  State  when  this  would  be  contrary  to  the  Charter  of 
Fundamental  Rights  of  the  European  Union,  and  in  particular  Article  21,  which 
prohibits all forms of discrimination. 

(25) 

In the light of its general objective, which is the mutual recognition of decisions given 
in  the  Member  States  concerning  succession  to  the  estates  of  deceased  persons,  this 
Regulation  should  lay  down  rules  relating  to  the  recognition  and  enforcement  of 
decisions  on  the  basis  of  Regulation  (EC)  No  44/2001  and  which  should  be  adapted 
where  necessary  to  meet  the  specific  requirements  of  matters  covered  by  this 
Regulation. 

(26) 

In  order  to  take  into  account  the  different  methods  of  settling  the  issues  regarding 
successions  in  the  Member  States,  this  Regulation  should  guarantee  the  recognition 
and  enforcement  of  authentic  instruments.  Nevertheless,  the  authentic  instruments 
cannot be treated as court decisions with regard to their recognition. The recognition 

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of authentic instruments means that they enjoy the same evidentiary effect with regard 
to  their  contents  and  the  same  effects  as  in  their  country  of  origin,  as  well  as  a 
presumption  of  validity  which  can  be  eliminated  if  they  are  contested.  This  validity 
will therefore always be contestable before a court in the Member State of origin of the 
authentic  instrument,  in  accordance  with  the  procedural  conditions  defined  by  the 
Member State. 

(27)  An  accelerated,  manageable  and  efficient  settlement  of  international  successions 
within the European Union implies the possibility for the heir, legatee, executor of the 
will  or  administrator  to  prove  easily  on  an  out-of-court  basis  their  capacity  in  the 
Member States in which the property involved in the succession is located. In order to 
facilitate  free  movement  of  this  proof  within  the  European  Union,  this  Regulation 
should  introduce  a  uniform  model  for  the  European  Certificate  of  Succession  and 
appoint  the  authority  competent  to  issue  it.  In  order  to  respect  the  principle  of 
subsidiarity, this certificate should not replace the internal procedures of the Member 
States. The Regulation should specify the linkage with these procedures. 

(28)  The  international  commitments  entered  into  by  the  Member  States  mean  that  this 
Regulation  should  not  affect  the  international  conventions  to  which  one  or  more 
Member  States  are  party  when  they  are  adopted.  Consistency  with  the  general 
objectives of this Regulation requires, however, that the Regulation take precedence as 
between Member States over the conventions.  

(29) 

In order to facilitate the application of this Regulation, provision should be made for 
an  obligation  for  Member  States  to  communicate  certain  information  regarding  their 
law  on  succession  within  the  framework  of  the  European  legal  network  in  civil  and 
commercial matters created by Council Decision 2001/470/EC of 28 May 200119. 

(30)  The measures necessary for the implementation of this Regulation should be adopted 
in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the 
procedures for the exercise of implementing powers conferred on the Commission20. 

(31) 

It  would  be  particularly  appropriate  to  enable  the  Commission  to  adopt  any 
amendment  to  the  forms  provided  for  in  this  Regulation  in  accordance  with  the 
procedure laid down in Article 3 of Decision 1999/468/EC. 

(32)  Where  the  concept  of  “nationality”  serves  to  determine  the  law  applicable,  account 
should be taken of the fact that certain States whose legal system is based on common 
law  use  the  concept  of  “domicile”  and  not  “nationality”  as  an  equivalent  connecting 
factor in matters of succession.  

(33)  Since  the  objectives  of  this  Regulation,  namely  the  free  movement  of  persons,  the 
organisation  in  advance  by  European  citizens  of  their  succession  in  an  international 
context,  the  rights  of  heirs  and  legatees,  and  persons  linked  to  the  deceased  and  the 
creditors of the succession, cannot be satisfactorily met by the Member States and can 
therefore, by reason of the scale and effects of this Regulation, be better achieved at 
Community level, the Community may take measures in accordance with the principle 
of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of 

19 
20 

OJ L 174, 27.6.2001, p. 25. 
OJ L 184, 17.7.1999, p. 23. 

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proportionality, as set out in that Article, this Regulation does not go beyond what is 
necessary in order to achieve those objectives.  

(34)  This Regulation respects fundamental rights and observes the principles recognised in 
the  Charter  of  Fundamental  Rights  of  the  European  Union,  in  particular  Article  21 
thereof  which  states  that  any  discrimination  based  on  any  ground  such  as  sex,  race, 
colour, ethnic or social origin, genetic features, language, religion or belief, political or 
any other opinion, membership of a national minority, property, birth, disability, age 
or sexual orientation shall be prohibited. This Regulation must be applied by the courts 
of the Member States in observance of these rights and principles. 

(35) 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  position  of  the  United 
Kingdom  and  Ireland  annexed  to  the  Treaty  on  European  Union  and  the  Treaty 
establishing the European Community, [the United Kingdom and Ireland have notified 
their  wish  to  participate  in  the  adoption  and  application  of  this  Regulation]/[without 
prejudice  to  Article  4  of  the  Protocol,  the  United  Kingdom  and  Ireland  will  not 
participate in the adoption of this Regulation and will not be bound by it or be subject 
to its application]. 

(36) 

In  accordance  with  Articles  1  and  2  of  the  Protocal  on  the  position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  establishing  the  European 
Community,  Denmark  is  not  taking  part  in  the  adoption  of  this  Regulation  and  is 
therefore not bound by it or subject to its application, 

HAVE ADOPTED THIS REGULATION: 

Chapter I 

Scope and definitions 

Article 1 
Scope 

1. 

2. 

3. 

This Regulation shall apply to successions to the estates of deceased persons. It shall 
not apply to revenue, customs or administrative matters. 

In this Regulation, “Member State” means all the Member States with the exception 
of Denmark, [the United Kingdom and Ireland]. 

The following shall be excluded from the scope of this Regulation: 

(a) 

(b) 

the  status  of  natural  persons,  as  well  as  family  relationships  and 
relationships which are similar in effect; 

the legal capacity of natural persons, notwithstanding Article 19(2)(c) 
and (d); 

(c) 

the disappearance, absence and presumed death of a natural person; 

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(d) 

questions regarding the matrimonial property regime and the property 
regime  applicable  to  relationships  which  are  deemed  to  have 
comparable effects to marriage; 

(e) 

maintenance obligations; 

(f) 

(g) 

(h) 

(i) 

(j) 

rights and assets created or transferred other than by succession to the 
estate of deceased persons, including gifts, such as in joint ownership 
with  right  of  survival,  pension  plans,  insurance  contracts  and  or 
arrangements of a similar nature, notwithstanding Article 19(2)(j); 

questions  covered  by  company  law,  such  as  clauses  contained  in 
company  memoranda  of  association  and  articles  of  association, 
associations  and  legal  persons  and  determining  what  will  happen  to 
the shares upon the death of their partners;  

the  dissolving,  closure  and  merging  of  enterprises,  associations  and 
legal persons;  

the constitution, functioning and dissolving of trusts; 

the  nature  of  rights  in  rem  relating  to  property  and  publicising  these 
rights.  

For the purposes of this Regulation, the following definitions shall apply: 

Article 2 
Definitions 

(a) 

(b) 

(c) 

(d) 

(e) 

“succession  to  the  estates  of  deceased  persons”:  all  forms  of  transfer 
of  property  as  a  result  of  death,  be  it  by  voluntary  transfer,  in 
accordance  with  a  will  or  an  agreement  as  to  succession,  or  a  legal 
transfer of property as a result of death; 

“court”:  any  judicial  authority  or  any  competent  authority  in  the 
Member  States  which  carries  out  a  judicial  function  in  matters  of 
succession. Other authorities which carry out by delegation of public 
power  the  functions  falling  within  the  jurisdiction  of  the  courts  as 
provided for in this Regulation shall be deemed to be courts.  

“agreement  as  to  succession”:  an  agreement  which  confers,  modifies 
or  withdraws,  with  or  without  consideration,  rights  to  the  future 
succession of one or more persons who are party to the agreement; 

“joint  wills”:  wills  drawn  up  by  two  or  more  persons  in  the  same 
instrument  for  the  benefit  of  a  third  party  and/or  on  the  basis  of  a 
reciprocal and mutual disposition; 

“home Member State”: the Member State in which, depending on the 
case,  the  decision  has  been  given,  the  legal  transaction  approved  or 
concluded and the authentic instrument drawn up; 

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(f) 

(g) 

(h) 

“Member  State  addressed”:  the  Member  State  in  which  recognition 
and/or  enforcement  of  the  decision,  the  legal  transaction  or  the 
authentic instrument is requested; 

“decision”: any decision given in a matter of succession to the estate 
of  a  deceased  person  by  a  court  of  a  Member  State,  whatever  the 
decision may be called, including a decree, order, ordinance or writ of 
execution,  as  well  as  the  determination  of  costs  or  expenses  by  an 
officer of the court; 

“authentic instrument”: an instrument which has been formally drawn 
up  or  registered  as  an  authentic  instrument  and  the  authenticity  of 
which: 

– 

– 

relates  to  the  signing  and  content  of  the  authentic  instrument; 
and 

has  been  established  by  a  public  authority  or  other  authority 
empowered for that purpose by the  Member  State in  which it 
originates; 

(i) 

“European  Certificate  of  Succession”:  the  certificate  issued  by  the 
competent court pursuant to Chapter VI of this Regulation.  

Chapter II 

Jurisdiction 

Article 3 
Courts 

The provisions of this Chapter shall apply to all courts in the Member States but shall apply to 
non-judicial authorities only where necessary. 

Article 4 
General jurisdiction 

Notwithstanding the provisions of this Regulation the courts of the Member State on whose 
territory the deceased had habitual residence at the time of their death shall be competent to 
rule in matters of successions. 

Article 5 
Referral to a court better placed to hear the case  

1. 

Where  the  law  of  a  Member  State  was  chosen  by  the  deceased  to  govern  their 
succession  in  accordance  with  Article  17,  the  court  seised  in  accordance  with 
Article 4 may, at the request of one of the parties and if it considers that the courts of 
the  Member  State  whose  law  has  been  chosen  are  better  placed  to  rule  on  the 
succession, stay proceedings and invite the parties to seise the courts in that Member 
State with the application.  

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2. 

3. 

The competent court in accordance with Article 4 shall set a deadline by which the 
courts of the Member State whose law has been chosen must be seised in accordance 
with paragraph 1. If the courts are not seised by that deadline, the court seised shall 
continue to exercise its jurisdiction. 

The courts of the Member State whose law has been chosen shall declare themselves 
competent  within  a  maximum  period  of  eight  weeks  from  the  date  on  which  they 
were seised in accordance with paragraph 2. In this case, the court seised first shall 
decline  jurisdiction.  Otherwise,  the  court  seised  first  shall  continue  to  exercise  its 
jurisdiction. 

Article 6 
Residual jurisdiction 

Where the habitual residence of the deceased at the time of death is not located in a Member 
State, the courts of a Member State shall nevertheless be competent on the basis of the fact 
that succession property is located in that Member State and that:  

(a) 

(b) 

(c) 

the  deceased  had  their  previous  habitual  residence  in  that  Member  State, 
provided  that  such  residence  did  not  come  to  an  end  more  than  five  years 
before the court was deemed to be seised; or, failing that, 

the deceased had the nationality of that Member State at the time of their death; 
or, failing that, 

an heir or legatee has their habitual residence in the Member State; or, failing 
that, 

(d) 

the application relates solely to this property. 

Article 7 
Counterclaim 

The  court  before  which  proceedings  are  pending  under  Article  4,  5  or  6  shall  also  be 
competent to examine the counterclaim where this falls within the scope of this Regulation. 

Article 8 
Jurisdiction to accept or waive succession 

The courts in the Member State of the habitual residence of the heir or legatee shall also be 
competent  to  receive  declarations  concerning  the  acceptance  or  waiver  of  succession  or 
legacy or designed to limit the liability of the heir or legatee where such declarations must be 
made before a court.  

Article 9 
Competence of courts in the place in which the property is located 

Where  the  law  of  the  Member  State  of  the  place  in  which  property  is  located  requires  the 
involvement  of  its  courts  in  order  to  take  measures  under  substantive  law  relating  to  the 
transmission of the property, its recording or transfer in the public register, the courts of the 
Member State shall be competent to take such measures. 

Article 
Seising of a court For the purposes of this Chapter, a court shall be deemed to be seised: 

10 

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17 

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(a) 

(b) 

at  the  time  when  the  document  instituting  the  proceedings  or  an  equivalent 
document  is  lodged  with  the  court,  provided  that  the  applicant  has  not 
subsequently failed to take the steps they were required to take to have service 
effected on the defendant, or 

if the document has to be served before being lodged with the court, at the time 
when  it  is  formally  drawn  up  or  registered  by  the  authority  responsible  for 
service, provided that the applicant has not subsequently failed to take the steps 
that they were required to take to have the document lodged with the court. 

Article 11 
Examination as to jurisdiction 

Where a court of a Member State is seised of a case over which it has no jurisdiction under 
this Regulation, it shall declare of its own motion that it has no jurisdiction. 

Article 12 
Examination as to admissibility 

Where  a  defendant  habitually  resident  in  a  Member  State  other  than  the  Member 
State  where  the  action  was  brought  does  not  enter  an  appearance,  the  court  with 
jurisdiction shall be responsible for staying the proceedings so long as it is not shown 
that the defendant has been able to receive the document instituting the proceedings 
or an equivalent document in time to defend themself or that all necessary steps have 
been taken to this end. 

Article 19 of Regulation (EC) No 1393/2007 of the European Parliament and of the 
Council  of  13  November  2007  on the  service  in  the  Member  States  of  judicial  and 
extrajudicial  documents  in  civil  or  commercial  matters21  shall  apply  instead  of  the 
provisions of paragraph 1 of this Article if the document instituting the proceedings 
or  an  equivalent  document  has  had  to  be  sent  from  one  Member  State  to  another 
pursuant to that Regulation. 

Where the provisions of Council Regulation (EC) No 1393/2007 are not applicable, 
Article 15 of the Hague Convention of 15 November 1965 on the service abroad of 
judicial and extrajudicial documents in civil or commercial matters shall apply if the 
document  instituting  the  proceedings  or  an  equivalent  document  has  to  be  sent 
abroad pursuant to that Convention. 

Article 13 
Lis pendens 

Where proceedings involving the same cause of action and between the same parties 
are brought in the courts of different Member States, any court other than the court 
first  seised  shall  of  its  own  motion  stay  its  proceedings  until  such  time  as  the 
jurisdiction of the court first seised is established. 

Where the jurisdiction of the court first seised is established, any court other than the 
court first seised shall decline jurisdiction in favour of that court. 

1. 

2. 

3. 

1. 

2. 

21 

OJ L 324, 10.12.2007, p. 79. 

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Article 14 
Related actions 

1. 

2. 

3. 

Where  related  actions  are  pending  before  courts  of  different  Member  States,  any 
court other than the court first seised may stay its proceedings. 

Where these actions are pending at first instance, any court other than the court first 
seised  may  also,  on  the  application  of  one  of  the  parties,  decline  jurisdiction  if  the 
court first seised has jurisdiction over the actions in question and its law permits the 
consolidation thereof. 

For the purposes of this Article, actions are deemed to be related where they are so 
closely connected that it is expedient to hear and determine them together in order to 
avoid the risk of irreconcilable judgments resulting from separate proceedings. 

Article 15 
Provisional, including protective, measures 

Application may be made to the judicial authorities of a Member State for such provisional or 
protective  measures  as  may  be  available  under  the  law  of  that  State,  even  if,  under  this 
Regulation,  the  courts  of  another  Member  State  have  jurisdiction  as  to  the  substance  of  the 
matter. 

Chapter III 

Applicable law 

Article 16 
General rule 

Unless  otherwise  provided  for  in  this  Regulation,  the  law  applicable  to  the  succession  as  a 
whole shall be that of the State in which the deceased had their habitual residence at the time 
of their death.  

Article 17 
Freedom of choice 

1. 

2. 

3. 

4. 

A person may choose as the law to govern the succession as a whole the law of the 
State whose nationality they possess. 

The law applicable to the succession must be expressly determined and included in a 
declaration in the form of a disposition of property upon death.  

The  existence  and  the  validity  in  substantive  terms  of  the  consent  to  this 
determination shall be governed by the determined law. 

Modification  or  revocation  by  its  author  of  such  a  determination  of  applicable  law 
must  meet  the  conditions  for  the  modification  or  revocation  of  a  disposition  of 
property upon death.  

EN 

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1. 

2. 

3. 

4. 

1. 

2. 

Article 18 
Agreements as to succession 

An agreement regarding a person's succession shall  be  governed by the law which, 
under this Regulation, would have been applicable to the succession of that person in 
the  event  of  their  death  on  the  day  on  which  the  agreement  was  concluded.  If,  in 
accordance with this law, the agreement is not valid, its validity shall nevertheless be 
accepted if it is in accordance with the law which, at the time of death, is applicable 
to the succession under this Regulation. The agreement shall therefore be governed 
by this law. 

An  agreement  concerning  the  succession  of  several  persons  shall  be  valid  in 
substantive  terms  only  if  this  validity  is  accepted  by  the  law  which,  pursuant  to 
Article  16,  would  have  applied  to  the  succession  of  one  of  the  persons  whose 
succession is involved in the event of death on the day on which the agreement was 
concluded. If the contract is valid pursuant to the law applicable to the succession of 
only one of those persons, that law shall apply. Where the contract is valid pursuant 
to  the  law  applicable  to  the  succession  of  several  of  these  persons,  the  agreement 
shall be governed by the law with which it has the closest links. 

The parties may determine as the law governing their agreement the law which the 
person  or  one  of  the  persons  whose  succession  is  involved  could  have  chosen  in 
accordance with Article 17. 

The application of the law provided for in this Article shall not prejudice the rights of 
any person who is not party to the agreement and who, in accordance with the law 
determined in Article 16 or 17, has an indefeasible interest or another right of which 
it cannot be deprived by the person whose succession is involved.  

Article 19 
Scope of applicable law 

The law determined in Chapter III shall govern the succession as a whole, from its 
opening to the final transfer of the inheritance to the beneficiaries. 

This law shall govern in particular:  

(a) 

(b) 

the causes, time and place of the opening of succession; 

the eligibility of the heirs and legatees, including the inheritance rights of the 
surviving  spouse,  determination  of  the  respective  shares  of  such  persons,  the 
responsibilities  imposed  on  them  by  the  deceased,  and  the  other  rights 
governing succession which have their source in the death; 

(c) 

the capacity to inherit; 

(d) 

the particular causes of the incapacity to dispose or receive; 

(e) 

(f) 

disinheritance and debarment from succession; 

the  transfer  of  assets  and  rights  making  up  the  succession  to  the  heirs  and 
legatees,  including  the  conditions  and  effects  of  accepting  or  waiving  the 
succession or legacy; 

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(g) 

the powers of the heirs, the executors of the wills and other administrators of 
the succession, in particular the sale of property and the payment of creditors;  

(h) 

responsibility for the debts under the succession;  

(i) 

(j) 

(k) 

the freely disposable portion, the reserved portions and the other restrictions on 
the  freedom  to  dispose  of  property  upon  death,  including  the  allocations 
deducted  from  the  succession  by  a  judicial  authority  or  another  authority  for 
the benefit of the relatives of the deceased; 

any  obligation  to  restore  or  account  for  gifts  and  the  taking  of  them  into 
account when determining the shares of heirs; 

the  validity,  interpretation,  amendment  and  revocation  of  a  disposition  of 
property upon death, with the exception of its formal validity; 

(l) 

sharing the inheritance. 

Article 20 
Validity of the form of the acceptance or waiver 

Without  prejudice  to  Article  19,  acceptance  or  waiver  of  the  succession  or  a  legacy  or  a 
declaration made to limit the liability of the heir or legatee shall also be valid where it meets 
the conditions of the law of the State in which the heir or legatee has their place of habitual 
residence.  

Article 21 
Application of the law of the State in the place in which the property is located 

The law applicable to the succession shall be no obstacle to the application of the law 
of the State in which the property is located where, for the purposes of acceptance or 
waiver of the succession or a legacy, it stipulates formalities subsequent to those laid 
down in the law applicable to the succession. 

The law applicable to the succession shall be no obstacle to the application of the law 
of the Member State in which the property is located where it: 

1. 

2. 

(a) 

subjects  the  administration  and  liquidation  of  the  succession  to  the 
appointment  of  an  administrator  or  executor  of  the  will  via  an 
authority  located  in  this  Member  State.  The  law  applicable  to  the 
succession shall govern the determination of the persons, such as the 
heirs, legatees, executors or administrators of the will, who are likely 
to be appointed to administer and liquidate the succession; 

(b) 

subjects the final transfer of the inheritance to the beneficiaries to the 
prior payment of taxes relating to the succession. 

Article 22 
Special succession regimes 

The  law  applicable  in  accordance  with  this  Regulation  shall  not  prejudice  the  special 
succession  regimes  to  which  certain  immovable  property  enterprises,  enterprises  or  other 
special categories of property are subjected by the law of the Member State in which they are 
located on account of their economic, family or social purpose where, according to that law, 
this regime is applicable irrespective of the law governing the succession.  

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Article 23 
Simultaneous death 

Where  two  or  more  persons  whose  successions  are  governed  by  different  laws  die  in 
circumstances which do not allow the order of death to be determined and where the laws deal 
with the situation through provisions which are incompatible or which do not settle it at all, 
none of the persons shall have any rights regarding the succession of the other party or parties. 

Article 24 
Estate without a claimant 

Where,  in  accordance  with  the  law  applicable  in  accordance  with  this  Regulation,  there  is 
neither an heir nor a legatee as determined by a disposition of property upon death and where 
no natural person is an heir by operation of law, the application of the law thereby determined 
shall not be an obstacle to the right of a Member State or a body appointed in accordance with 
the  law  of  the  Member  State  in  question  to  seize  the  succession  property  located  on  its 
territory. 

Any law specified by this Regulation shall apply even if it is not the law of a Member State. 

Article 25 
Universal nature 

Article 26 
Referral 

Where this Regulation provides for the application of the law of a State, it means the rules of 
law in force in that State other than its rules of private international law. 

Article 27 
Public policy 

1. 

2. 

1. 

2. 

The  application  of  a  rule  of  the  law  determined  by  this  Regulation  may  be  refused 
only if such application is incompatible with the public policy of the forum.  

In particular, the application of a rule of the law determined by this Regulation may 
not be considered to be contrary to the public policy of the forum on the sole ground 
that its clauses regarding the reserved portion of an estate differ from those in force 
in the forum. 

Article 28 
States with more than one legal system 

Where a State comprises several territorial units each of which has its own rules of 
law in respect of succession to the estates of deceased persons, each territorial unit 
shall be considered as a State for the purpose of identifying the law applicable under 
this Regulation. 

A Member State within which different territorial units have their own rules of law in 
respect  of  successions  shall  not  be  required  to  apply  this  Regulation  to  conflicts  of 
law arising between such units only. 

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Chapter IV 

Recognition and enforcement 

Article 29 
Recognition of a decision 

A decision given pursuant to this Regulation shall be recognised in the other Member States 
without any special procedure being required.  

Any interested party who raises the recognition of a decision as the principal issue in a dispute 
may,  in  accordance  with  the  procedures  provided  for  under  Articles  38  to  56  of  Regulation 
(EC) No 44/2001, apply for that decision to be recognised. If the outcome of the proceedings 
in  a  court  of  a  Member  State  depends  on  the  determination  of  an  incidental  question  of 
recognition, that court shall have jurisdiction over that question. 

Article 30 
Grounds of non-recognition 

A decision shall not be recognised in the following cases:  

(a) 

(b) 

(c) 

(d) 

where  it  was  given  in  default  of  appearance,  such  recognition  is  manifestly 
contrary to public policy in the Member State in which recognition is sought, it 
being understood that the public policy criterion may not be applied to the rules 
of jurisdiction; 

if  the  defendant  was  not  served  with  the  document  which  instituted  the 
proceedings  or  with  an  equivalent  document  in  sufficient  time  and  in  such  a 
way as to enable him to arrange for his defence, unless the defendant failed to 
commence proceedings to challenge the decision when it was possible for him 
to do so; 

if  it  is  irreconcilable  with  a  decision  given  in  a  dispute  between  the  same 
parties in the Member State in which recognition is sought;  

if it is irreconcilable with an earlier decision given in another Member State or 
in  a  third  State  involving  the  same  cause  of  action  and  between  the  same 
parties, provided that the earlier decision fulfils the conditions necessary for its 
recognition in the Member State addressed. 

Article 31 
No review as to the substance of a decision  

Under no circumstances may a foreign decision be reviewed as to its substance. 

Article 32 
Stay of proceedings 

A  court  of  a  Member  State  in  which  recognition  is  sought  of  a  decision  given  in  another 
Member State may stay the proceedings if an ordinary appeal against the decision has been 
lodged.  

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Article 33 
Enforceability of decisions 

Decisions  given  in  a  Member  State  and  enforceable  there  and  legal  transactions  shall  be 
carried  out  in  the  other  Member  States  in  accordance  with  Articles  38  to  56  and  58  of 
Regulation (EC) No 44/2001.  

Chapter V 

Authentic instruments  

Article 34 
Recognition of authentic instruments 

Authentic instruments formally drawn up or registered in a Member State shall be recognised 
in  the  other  Member  States,  except  where  the  validity  of  these  instruments  is  contested  in 
accordance  with  the  procedures  provided  for  in  the  home  Member  State  and  provided  that 
such recognition is not contrary to public policy in the Member State addressed.  

Article 35 
Enforceability of authentic instruments  

A document which has been formally drawn up or registered as an authentic instrument and is 
enforceable in one Member State shall be declared enforceable in another Member State, on 
application  made  in  accordance  with  the  procedures  provided  for  in  Articles  38  to  57  of 
Regulation (EC) No 44/2001. The court with which  an appeal is  lodged in accordance  with 
Articles 43 and 44 of this Regulation shall refuse or revoke a declaration of the enforceability 
if enforceability only of the authentic instrument is manifestly contrary to public policy in the 
Member State addressed or if contestation of the validity of the instrument is pending before a 
court of the home Member State of the authentic instrument.  

Chapter VI 

European Certificate of Succession 

Article 36 
Creation of a European Certificate of Succession 

1. 

2. 

This  Regulation  introduces  a  European  Certificate  of  Succession,  which  shall 
constitute proof of the capacity of heir or legatee and of the powers of the executors 
of  wills  or  third-party  administrators.  This  certificate  shall  be  issued  by  the 
competent authority pursuant to this Chapter, in accordance with the law applicable 
to succession pursuant to Chapter III of this Regulation,  

The  use  of  the  European  Certificate  of  Succession  shall  not  be  obligatory.  The 
certificate  shall  not  be  a  substitute  for  internal  procedures.  However,  the  effects  of 
the  certificate  shall also  be  recognised in the Member State  whose authorities  have 
issued it in accordance with this Chapter. 

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1. 

2. 

1. 

2. 

3. 

Article 37 
Competence to issue the certificate  

The  certificate  shall  be  issued  upon  application  by  any  person  obliged  to  provide 
proof of the capacity of heir or legatee and of the powers of the executors of wills or 
third-party administrators. 

The certificate shall be drawn up by the competent court in the Member State whose 
courts are competent pursuant to Articles 4, 5 and 6. 

Article 38 
Content of the application 

Any person applying for the issue of a certificate of succession shall provide, via the 
form  a  model  of  which  is  provided  in  Annex  I,  where  such  information  is  in  their 
possession: 

(a) 

(b) 

(c) 

(d) 

(e) 

information  concerning  the  deceased:  surname,  forename(s),  sex,  civil  status, 
nationality,  their  identification  code  (where  possible),  address  of  last  habitual 
residence, date and place of their death; 

their 
the  claimant's  details:  surname, 
identification code (where possible), address of last place of habitual residence 
and relationship to the deceased; 

forename(s),  sex,  nationality, 

the elements of fact or law which justify their right to succession and/or right to 
administer  and/or  execute  the  succession.  Where  they  are  aware  of  a 
disposition of property upon death, a copy of the disposition shall be attached 
to the application; 

if they are replacing other heirs or legatees and, if so, the proof of their death or 
any  other  event  which  has  prevented  them  from  making  a  claim  to  the 
succession; 

whether the deceased has stipulated a marriage contract; if so, they must attach 
a copy of the marriage contract; 

(f) 

if they are aware that the succession rights are being contested. 

The  applicant  must  prove  the  accuracy  of  the  information  provided  by  means  of 
authentic instruments. If the documents cannot be produced or can be produced only 
with disproportionate difficulties, other forms of evidence shall be admissible. 

The competent court shall take the appropriate measures to guarantee the veracity of 
the  declarations  made.  Where  its  domestic  law  allows,  the  court  shall  request  that 
such declarations are made on oath. 

Article 39 
Partial certificate 

1. 

A partial certificate may be applied for and issued to attest to: 

(a) 

the rights of each heir or legatee, and their share; 

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(b) 

the  devolution  of  a  specific  item  of  property, where this is allowed under the 
law applicable to the succession; 

(c) 

administration of the succession. 

Article 40 
Issue of the certificate  

1. 

2. 

3. 

4. 

1. 

2. 

The  certificate  shall  be  issued  only  if  the  competent  court  considers  that  the  facts 
which are presented as the grounds for the application are established. The competent 
court shall issue the certificate promptly. 

The  competent  court  shall  carry  out,  of  its  own  accord  and  on  the  basis  of  the 
applicant’s  declarations  and  the  instruments  and  other  means  of  proof  provided  by 
them, the enquiries necessary to verify the facts and to search for any further proof 
that seems necessary. 

For  the  purposes  of  this  Chapter,  the  Member  States  shall  grant  access  to  the 
competent courts in other Member States, in particular to the civil status registers, to 
registers  recording  acts  and  facts  relating  to  the  succession  or  to  the  matrimonial 
regime of the family of the deceased and to the land registers. 

The  issuing  court  may  summon  before  it  any  persons  involved  and  any 
administrators  or  executors  and  make  public  statements  inviting  any  other 
beneficiaries to the succession to assert their rights. 

Article 41 
Content of the certificate 

The  European  Certificate  of  Succession  shall  be  issued  using  the  standard  form  in 
Annex II.  

The European Certificate of Succession shall contain the following information:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  issuing  court,  the  elements  of  fact  and  law  for  which  the  court  considers 
itself to be competent to issue the certificate and the date of issue; 

information  concerning  the  deceased:  surname,  forenames,  sex,  civil  status, 
nationality,  their  identification  code  (where  possible),  address  of  last  habitual 
residence, date and place of death; 

any marriage contracts stipulated by the deceased; 

the law applicable to the succession in accordance with this Regulation and the 
circumstances in fact and in law used to determine that law; 

the  elements  in  fact  and  law  giving  rise  to  the  rights  and/or  powers  of  heirs, 
legatees,  executors  of  wills  or  third-party  administrators:  legal  succession 
and/or succession according to the will and/or arising out of agreements as to 
succession; 

the  applicant's  details:  surname, 
identification code (where possible), address and relationship to the deceased; 

forename(s),  sex,  nationality, 

their 

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(g) 

(h) 

(i) 

(j) 

(k) 

where applicable, information in respect of each heir concerning the nature of 
the acceptance of the succession; 

where there are several heirs, the share for each of them and, if applicable, the 
list of rights and assets for any given heir;  

the list of assets or rights for legatees in accordance with the law applicable to 
the succession; 

the restrictions on the rights of the heir in accordance with the law applicable to 
the  succession  in  accordance  with  Chapter  III  and/or  in  accordance  with  the 
provisions contained in the will or agreement as to succession; 

the list of acts that the heir, legatee, executor of the will and/or administrator 
may perform on the property to the succession pursuant to the law applicable to 
the succession. 

Article 42 
The effects of the European Certificate of Succession 

The European Certificate of Succession shall be recognised automatically in all the 
Member States with regard to the capacity of the heirs, legatees, and powers of the 
executors of wills or third-party administrators.  

The  content  of  the  certificate  shall  be  presumed  to  be  accurate  in  all  the  Member 
States  throughout  the  period  of  its  validity.  It  shall  be  presumed  that  the  person 
designated by the certificate as the heir, legatee, executor of the will or administrator 
shall  hold  the  right  to  the  succession  or  the  powers  of  administration  stated  in  the 
certificate and that there shall be no conditions or restrictions other than those stated 
therein.  

Any  person  who  pays  or  passes  on  property  to  the  bearer  of  a  certificate  who  is 
authorised to carry out such acts on the basis of the certificate shall be released from 
their  obligations,  unless  they  know  that  the  contents  of  the  certificate  are  not 
accurate. 

Any  person  who  has  acquired  succession  property  from  the  bearer  of  a  certificate 
who is authorised to possess the property in accordance with the list attached to the 
certificate shall be considered to have acquired it from a person with the authority to 
possess  the  property,  unless  they  know  that  the  contents  of  the  certificate  are  not 
accurate. 

The  certificate  shall  constitute  a  valid  document  allowing  for  the  transcription  or 
entry of the inherited acquisition in the public registers of the Member State in which 
the  property  is  located.  Transcription  shall  take  place  in  accordance  with  the 
conditions laid down in the law of the Member State in which the register is held and 
shall produce the effects specified therein. 

Article 43 
Rectification, suspension or cancellation of the European Certificate of Succession 

The original of the certificate shall be retained by the issuing court, which shall issue 
one  or  more  authentic  copies  to  the  applicant  or  to  any  person  having  a  legitimate 
interest.  

1. 

2. 

3. 

4. 

5. 

1. 

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2. 

3. 

4. 

The  copies  issued  shall  have  the  effects  provided  for  in  Article  42  for  a  limited 
period of three months. Once this period has elapsed, the bearers of the certificate or 
any  other  interested  persons  must  request  a  new  authentic  copy  from  the  issuing 
court in order to assert their rights to succession. 

The  certificate  shall,  at  the  request  of  an  interested  party  addressed  to  the  issuing 
court, or spontaneously by the authority in question: 

(a) 

(b) 

be rectified in the case of material error; 

have  a  comment  entered  into  its  margin  suspending  its  effects  where  it  is 
contested that the certificate is accurate; 

(c) 

be cancelled where it is established that it is not accurate. 

The  issuing  court  shall  note  in  the  margin  of  the  original  of  the  certificate  its 
rectification,  the  suspension  of  its  effects  or  its  cancellation  and  shall  notify  the 
applicant(s) thereof.  

Article 44 
Methods of appeal 

Each Member State shall organise the methods of appeal against the decision to issue or not to 
issue, to rectify, to suspend or to cancel a certificate. 

Chapter VII 

General and final provisions 

Article 45 
Relations with existing international conventions 

1. 

2. 

This  Regulation  shall  not  affect  the  application  of  the  bilateral  or  multilateral 
conventions to which one or more Member States are party at the time of adoption of 
this Regulation and which relate to the subjects covered by this Regulation, without 
prejudice  to  the  obligations  of  the  Member  States  pursuant  to  Article  307  of  the 
Treaty.  

Notwithstanding  paragraph  1,  this  Regulation  shall  take  precedence  as  between 
Member  States  over  conventions  which  relate  to  subjects  governed  by  this 
Regulation and to which the Member States are party. 

Article 46 
Information made available to the public 

The Member States shall provide within the framework of the European Judicial Network in 
civil and commercial matters a description of the national legislation and procedures relating 
to the law on succession and the relevant texts, with a view to their being made available to 
the public. They shall notify any subsequent amendments to these provisions. 

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Article 47 
Amendments to the forms 

Any amendment to the forms referred to in Articles 38 and 41 shall be adopted in accordance 
with the consultative procedure set out in Article 48(2).  

1. 

2. 

Article 48 
Committee procedure 

The  Commission  shall  be  assisted  by  the  committee  established  by  Article  75  of 
Regulation (EC) No 44/2001. 

reference 

Where 
this  paragraph,  Articles  3  and  7  of 
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article 8 
thereof. 

is  made 

to 

Article 49 
Review clause 

By  […]  at  the  latest,  the  Commission  shall  submit  to  the  European  Parliament,  the  Council 
and  the  European  Economic  and  Social  Committee  a  report  on  the  application  of  this 
Regulation. The report shall be accompanied, where appropriate, by proposed amendments.  

Article 50 
Transitional provisions 

1. 

2. 

3. 

This Regulation  shall  apply to the successions of persons deceased after its date of 
application. 

Where  the  deceased  had  determined  the  law  applicable  to  their  succession  prior  to 
the date of application of this Regulation, this determination shall be considered to be 
valid provided that it meets the conditions listed in Article 17. 

Where  the  parties  to  an  agreement  as  to  succession  had  determined  the  law 
applicable to that agreement prior to the date of application of this Regulation, this 
determination  shall  be  considered  to  be  valid  provided  that  it  meets  the  conditions 
listed in Article 18. 

Article 51 
Entry into force 

This  Regulation  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 
Official Journal of the European Union. 

This Regulation shall apply from [one year after the date of its entry into force]. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  the  Member 
States in accordance with the Treaty establishing the European Community.  

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Done at Brussels, […]  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I: APPLICATION REFERRED TO IN ARTICLE 38 OF THE REGULATION 

APPLICATION FOR A EUROPEAN CERTIFICATE OF SUCCESSION 

(Articles 36 et seq. of Regulation…of the Council and of the European Parliament on 
successions22) 

1. Member State 

BE □ BG □ CZ □ DE □ EE □ [IE □] EL □ ES □ FR □ IT □ CY □ LV □ LT □ LU □ HU □ MT 
□ NL □ AT □ PL □ PT □ RO □ SI □ SK □ FI □ SE □ [UK □] 

2. Details of the deceased 

2.1. Surname: 

2.2. Forename(s): 

2.3. Sex: 

2.4. Civil status: 

2.5. Nationality: 

2.6. Identification code*: 

2.7. Date of death: 

2.8. Place of death: 

Address of last habitual residence: 

2.9. Street and number/PO box: 

2.10. Place and post code: 

22 

OJ L … 

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2.11. Country: 

3. Details of the applicant 

3.1. Surname: 

3.2. Forename(s): 

3.3. Sex: 

3.4. Nationality: 

3.5. Identification code*: 

3.6. Street and number/PO box: 

3.7. Place and post code: 

3.8. Tel.: 

3.9. E-mail address: 

3.10. Relationship to the deceased*:  

* where applicable 

4. Additional information: 

4.1. Elements of fact or law justifying a right to the succession: 

4.2. Elements of fact or law justifying a right to execute and/or administer the succession: 

4.3. Has the deceased made dispositions of property upon death? yes (cid:133) no (cid:133) 

If you have replied “yes”, please attach the dispositions of property upon death.* 

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4.4. Has the deceased stipulated a marriage contract? yes (cid:133) no (cid:133) 

If you have replied “yes”, please attach the marriage contract.* 

4.5. Are you replacing another heir or legatee? 

yes (cid:133) no (cid:133) 

If you have replied “yes”, please attach proof of their death or the event preventing them from 
making a claim to the succession.* 

4.6. Are you aware that the rights to succession are being contested? yes (cid:133) no (cid:133) 

If you have replied “yes”, please provide information about the claim.* 

4.7.  Please  provide,  as  an  attachment,  a  list  of  all  the  relations  of  the  deceased,  specifying 
their  surnames,  forename(s),  nature  of  their  relationship  with  the  deceased,  date  of  birth, 
nationality and address. 

* Please provide authentic documents or certified copies, where possible. 

I solemnly declare that this information has been provided to the best of my knowledge.* 

Date: 

Signature: 

*Article 38(3), where these declarations are made under oath 

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ANNEX II: EUROPEAN CERTIFICATE OF SUCCESSION REFERRED TO IN 
ARTICLE 41 

EUROPEAN CERTIFICATE OF SUCCESSION 

(Article 41 of Regulation…of the Council and of the European Parliament on successions23) 

1. Member State of the issuing court 

BE □ BG □ CZ □ DE □ EE □ [IE] □ EL □ ES □ FR □ IT □ CY □ LV □ LT □ LU □ HU □ MT 
□ NL □ AT □ PL □ PT □ RO □ SI □ SK □ FI □ SE □ [UK □] 

2. Information on the court  

2.1. Court with jurisdiction under the following article of the Regulation: 

Article 4(cid:133) Article 5 (cid:133) Article 6 (cid:133) 

2.2. Contact person: 

2.3. Address: 

3. Details of the deceased 

3.1. Surname: 

3.2. Forename(s): 

3.3. Sex: 

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3.4. Civil status: 

3.5. Nationality: 

3.6. Identification code*: 

3.7. Date of death: 

3.8. Place of death: 

Address of last habitual residence: 

3.9. Street and number/PO box: 

3.10. Place and post code: 

3.11. Country: 

3.12 Marriage contracts: 

3.13 Law applicable to the succession: 

4. Details of the applicant 

4.1. Surname: 

4.2. Forename(s): 

4.3. Sex: 

4.4. Nationality: 

4.5. Identification code*: 

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4.6. Street and number/PO box: 

4.7. Place and post code: 

4.8. Tel.: 

4.9. E-mail address: 

4.10. Relationship to the deceased*:  

* where applicable 

5. Proof of the capacity of heir 

5.1. This document provides proof of the capacity as heir  yes (cid:133) no (cid:133) 

5.2. List of heirs:* 

Surname 

Forename(s)  Date 
birth 

of 

Share 
succession 

in 

the 

Restrictions 

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* If necessary, attach an additional sheet. 

5.3.  Is  acceptance  of  the  succession,  where  applicable,  subject  to  a  condition  (for  example, 
under benefit of inventory)?  yes (cid:133) no (cid:133) 

If yes, please specify on a separate sheet the nature of the condition and its effects. 

5.4. List of assets and rights for any given heir:* 

Surname 

Forename(s) 

Specification of property or right 

* If necessary, attach an additional sheet. 

6. Proof of the capacity as legatee 

6.1. This document provides proof of the capacity of legatee 

yes (cid:133) no (cid:133) 

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6.2. List of legatees:* 

Surname 

Forename(s)  Date 
birth 

of 

Right(s)  or  asset(s)  for  any  given  legatee  in 
accordance  with  the  disposition  of  property  upon 
death 

* If necessary, attach an additional sheet. 

7. Proof of the capacity of administrator and/or executor 

7.1. This document provides proof of the capacity of administrator 

yes (cid:133) no (cid:133) 

7.2. This document provides proof of the capacity of executor 

yes (cid:133) no (cid:133) 

7.3. Please specify the nature of the rights as administrator and/or executor, the legal basis for 
these  rights  and  an  indicative  list  of  the  acts that  the  person  may  perform  pursuant  to  these 
rights: 

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