Implementation of the Regulation 650/2012 Latest developments

1. Implementation of theRegulation 650/2012Latest developments Stephan Matyk DG Justice Civil Justice Policy Unit

2. Background • 4 July 2012: • Adoption of the Regulation NO (EU) 650/2012 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 • OJ L 201 of 27/07/2012

3. Background • Regulation entered into force • Most of the provisions will apply to the succession of persons who die on or after 17 August 2015 • Member States not taking part: DK, IE, UK

4. Mandate of the Regulation • To establish through comitology procedure: Attestations concerning 1. a decision (art 46 par 3) 2. an authentic instrument (art 59 par 1; 60 par 2) 3. A court settlement (art 61 par 2) 4. Application for a European Certificate of Succession (art 65) 5. European Certificate of Succession (art 67)

5. Comitology • Adoption by the Commission of the European Certificate of successions and the other forms through comitology procedure. • By means of an implementing act. • Legal basis Regulation (EU) No 182/2011. • First meeting took place on 17/10/2012 with the participation of ELRA.

6. Challenges during the negotiation process (Regulation) • Line between succession law and property law: • Sharing/distribution of the estate; • Conditions for registration of real property; • Effects of registration of real property;

7. Scope (concerning registers) • Excluded… • - property rights • - the nature of rights in rem and • - any recording in a register of rights in immovable or movable property, including legal requirements for such recording, and the effects of recording or failing to record such rights in a register

8. Scope (continued) • Included… • All civil-law aspects of succession to the estate of a deceased person, namely all forms of transfer of rights and obligations…

9. European Certificate of Succession • Can be issued by a court/authority (including non-judicial authorities) of the MS having jurisdiction; • Issuing authority applies applicable law and complies with the minimum procedural standards; • Circulates freely and is automatically recognised; • Produces uniform effects: • Proof of the rights and powers of the heir, legatee, administrator or executor of will; • Basis for registration of transfer of property rights; • Rights of third parties acting in good faith protected.

10. European Certificate of Succession (ECS) - characteristics • Proof of status as heir or legatee: who are the heirs and legatees and what are their rights; • Proof of powers of the administrators and executors of the will; • Use not mandatory; • Does not replace national certificates - once issued for cross-boarder purposes, effects recognised also in the MS which issued it; • Flexible document: may be issued at different stages of proceedings, for different purposes; • Content laid down in a standard form; • => establishment through comitology procedure

11. Effects of the ECS • The certificate shall constitute a valid document for the recording of succession property in the relevant register of a Member State(art 69 par 5) • Evidentiary effects; • Presumed to demonstrate accurately elements which have been established under the law applicable to the succession … (cons. 71)

12. Principle of avoiding duplication of procedures • In order to avoid duplication, authorities should accept documents drawn up in another Member State… • The European Certificate of Succession should constitute a valid document for the recording of succession property in a register…

13. Objectives for the implementation of the ECS • The elaboration of the ECS is guided by: • - Follow the line of the Regulation • - Be easy understandable and useable • - Focus on Practicability

14. Questions, comments? stephan.matyk@ec.europa.eu