This concise article-by-article commentary discusses all the crucial points of the new EU Regulation No. 650/2012 of 4 July 2012 on cross-border estates, with particular focus on the following issues:
The law applicable to a succession being the law of the State in which the deceased had his habitual residence at the time of death, which is also relevant for jurisdiction for contentious succession matters.
Election as to the applicable law.
Recognition and enforcement.
Authentic instruments.
The European Certificate of Succession.
This book turns the Regulation into an easily understandable text for all users, practitioners, academics or students and – authored by members of the experts group that formulated the Commission’s draft proposal from six European countries – reflects perspectives from differing legal systems.
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
Chapter I: Scope and Definitions
Chapter II: Jurisdiction
Chapter III: Applicable Law
Chapter IV: Recognition, Enforceability and Enforcement of Decisions
Chapter V: Authentic Instruments and Court Settlements