Legal tip 717. Commun Laws for Inheritance in Europe
Thursday, March 1, 2012 @ 10:50 AM
The Parliamentary Committee has just approved the text regulating inheritance .A Regulation of European inheritance, is expected to get today the approval of the Committee on Legal Affairs of the EU.
The idea is to create a European certificate of inheritance designed to make clear the legal status of the person who draws his last will and safeguard the rights of heirs and other interested parties such as creditors.This is achieved to make clear which legal system applies in the case of an inheritance where several states are involved, avoiding costly litigation and complicated burocracy.
One novelty of this regulation is that if someone dies in a Member State other than their country of origin, succession, in general, will be dealt with under the law of the Member State which was his last place of residence, and shall be governed by the courts and authorities of that State.
This avoids the conflicts that may arise if several courts in different countries are declared competent.
Nevertheless, grantors of wills will also be able to choose the law which applies to its country of origin. This gives EU citizens a new right which is a significant improvement, as it will allow a person living abroad to maintain close ties with their country of origin and ensure that specific national provisions such as rules governing gifts made during life are respected.
Another important development is the creation of the European certificate of inheritance. This document is created to ensure that heirs, creditors and the competent authorities apply the terms of the inheritance through faster and cheaper procedures.
It seems that the UK is staying out of these regulations though.
"Chiclana en obras", Chiclana, Cadiz, Spain, by desde mi ventana se ve la playa, at flickr.com