SUCCESSION PROPOSAL: ONE STEP FORWARD IN PROCESS OF CODIFYING PRIVATE INTERNATIONAL LAW IN EUROPEAN UNION

Abstract

On 14 October 2009 the Commission brought forward their proposal for a Regulation 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 proposed Regulation is aimed at unifying and simplifying the rules governing succession, increasing their predictability and providing more effective guarantees for the rights of heirs and/or legatees and other persons linked to the deceased, as well as creditors of the succession. The objectives of the proposal can be met only by way of common rules governing international succession which must be identical in order to guarantee legal certainty and predictability for citizens. As regards the difficulties facing those involved in a international succession mostly flow from the divergence in substantive rules, procedural rules and conflict rules in the Member States and the succession is excluded from Community rules of private international law adopted so far, there is accordingly a clear need for the adoption of a comprehensive instrument with harmonized European rules. The six issues on which the political guidelines focus are: a comprehensive instrument, one single succession, one applicable law, choice of law, habitual residence as connecting factor for jurisdiction and transfer of jurisdiction.