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Implementation of the Regulation 650/2012 Latest developments

Dive into the implementation of Regulation No. 650/2012 focusing on jurisdiction, applicable law, and recognition of decisions in matters of succession. Explore the European Certificate of Succession (ECS) and its impact on succession proceedings post-2015. Understand the challenges faced during negotiation, including the delineation between succession and property law. Learn about the scope of the regulation, challenges, and objectives in the implementation of the ECS. Get insights into the issuance, characteristics, and effects of the ECS and the principle of avoiding duplication of procedures. Contact stephan.matyk@ec.europa.eu for questions or comments.

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Implementation of the Regulation 650/2012 Latest developments

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  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

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