If an inheritance issue needs to be resolved by a court, as an heir you will usually have to go to the courts of the EU country where the deceased last lived.However, if the deceased chose the law of their nationality to apply to their inheritance and that is the nationality of an EU country you and the other heirs or parties concerned can agree to bring the issue to the courts of that EU country.All concerned must agree on this choice of court. The regulation also creates a European certificate of succession. The document has to be printed double-sided and may not contain blank pages. You can appeal against a refusal to issue a European Certificate of Succession.The other party may only appeal against the recognition or enforceability of the decision for the following reasons:The issuing authority can modify or withdraw the European Certificate of Succession if it turns out it is not accurate.Decisions issued by courts in Denmark and Ireland do not benefit from these simplified rules when they need to be recognised or enforced in another EU country.Piotr died in Germany while living and working there temporarily. The European Certificate of Succession is usually issued by the authorities of the state in which the deceased resided at the time of death. His life was however centred in Poland, where his wife Gosia and other family and friends live. She can use it to prove to Piotr's bank in Germany that she is entitled to access his account there, and use her late husband's money to pay his bills and last month of rent.The executor of the will and the administrator of the estate may also need to prove their status to exercise their rights in another EU country.If an inheritance issue needs to be resolved by a court, as an heir you will usually have to go to the courts of the EU country where the deceased last lived.
A French certificate of succession had been obtained, but one of the sons of the deceased tried to obtain a German certificate limited to the German property in the estate. Under the EU Succession Regulation a single legal system must govern the succession as a whole.
Administrative barriers thus make grief even harder to bear.The advantage of a European Certificate of Succession is that its effects are the same throughout the EU regardless of the country in which it is issued. This is why Polish authorities are in charge of Piotr's inheritance.The authority that issues the European Certificate of Succession will keep the original and will issue certified copies to the heir, executor of the will or administrator of the estate, valid for a period of 6 months, which can be extended.Piotr from Poland dies in Germany while living there as a posted worker for one year.Gosia, Piotr's wife and heir, lives in Poland and, following Piotr's death, needs to access his German bank account to pay bills and the last month of rent.However, the bank requests an official document proving that she is Piotr's heir and is authorised to access his account.
These new rules apply to the succession of those who die on or after 17 August 2015.Guidelines and information on cross-border legal proceedings: from initiation to enforcementThis Atlas provides you with a user-friendly access to information relevant for judicial cooperation in civil mattersGuidelines on how to to find a lawyer, notary, legal translator/interpreter or mediatorGeneral information on case law at EU and national level
Once the European Certificate of Succession has been issued, a notification will be added to the original document of the succession. After this, the authentic copy will be handed out to the applicant.
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