The European Commission seeks common legal processes in matters of inheritance for all the States members. This means basically: (a) implementing a common law, (b) to allow free movement of probate records and rules and (c) adopting a European Certificate of Inheritance.
One law
The proposal is to apply the law of residence. Means that procedures are carried out under the law of the place where the deceased had his/her residency at his/her death
Freedom of movement for probate records and rules
It suggests establishing an online European network with the probate records of the 27 countries.
European Certificate of Inheritance
Document certifying whether a person is heir, irrespective of domicile.
The regulation is necessary due to the importance that inheritance transfers have within the EU. 450 000 probates are formalized each year among member countries, according to the General Council of Notaries. This represents more than 123,000 million Euros. 8 millions live out of their country of origin, and there are 2.5 million properties belonging to people living in a different state to the one they have a property in. 'The diversity of rules, authorities and the division of inheritance is an obstacle to free movement of persons within the EU. They face great difficulties in exercising their rights in international succession 'stresses the new European regulation in its explanatory memorandum.
The debate is open. Member States are currently negotiating. Al of them are supporting the initiative, but differ in their application. Still, the idea is to reach an agreement before the end of the year.
In addition to certain technical discussions regarding the European Certificate of Inheritance, a major sticking point is the profound difference from the political point of view. In Europe different legal systems coexist and implementation of a single law raises doubts by MEPs who consider that the unification will alter the national standards.
The problem is that the discussion of inheritance is very delicate, because it is rooted in history and culture of each country, said John Ball, former president of the Council of the Notaries of the EU. However, it is an objective that Europe will not leave, according to MEPs who support the measure. In any case, the MEP and author of the proposal, Kurt Lechner, states that the adoption of the rules depends on the political will of the EU institutions and member states.
Our secretary of State for Justice, Juan Carlos Campo, has recently expressed his concern about the non-participation of the United Kingdom in the future regulation, "given the importance of the British colony in Spain, and the number of properties they own in our territory.
www.successions -europe.eu, provides the information necessary to understand the steps that a person has to go on a cross-border succession procedure.
Notaries and representatives of the European Union have also stressed the need to articulate a tax coordination that will avoid the 'dumping' between the different laws of succession.
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