The usual difficulties found in inheritance matters can become more complex when the deceased is a foreign national, when any of the heirs or legatees is a foreign national, or when the property/properties is/are located in different countries. In these cases, it is essential to ascertain the international jurisdiction and Law that are applicable.
New Regulation 650/2012, of 4 July 2012, governs the applicable jurisdiction and Law in matters of mortis causa succession, and recognition and enforcement of judgments relating to this matter. It was created with the aim of facilitating succession when cross-border elements converge, seeking the link between citizens and their habitual place of residence in ascertaining both the applicable Law and competent court. Moreover, it enables a detailed regulation of succession agreements and issues the new European Certificate of Succession. Its entry into force in August 2015 shall constitute yet another step in the gradual harmonisation of the domestic legislation of the Member States.
At Winkels Lawyers, we have carefully examined its content and are able to advise you both on international wills and testaments, and on probate procedures to which these new laws apply.