Implementation of theRegulation 650/2012

Latest developments

Stephan MatykDG JusticeCivil Justice Policy Unit

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

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

Mandate of the Regulation

• To establish through comitology procedure:

Attestations concerning1. 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)

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.

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;

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

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…

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.

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

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)

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…

•

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

Questions, comments?

stephan.matyk@ec.europa.eu