THE SUCCESSION IN THE EUROPEAN UNION LAW

Five ideas are remarkable from the Regulation (EU) 650/2012: A) The close connection of the jurisdiction with the right to choice of law. For example, the court appointed, accepted or considered convenient shall be a court of the Member State whose law has been chosen by the deceased in order to govern the succession (Articles 7 and 9). However, the general ground of jurisdiction based on the State of the habitual residence of the deceased at the time of death does not depend on the choice of law. In the same sense, the ground based on the State where the assets are located, which shall be coincident with any connections indicated in Article 10.1. B). The law governing the succession is applied to the succession as a whole. That is the law of the habitual residence of the deceased at the time of the death, other one more closely connected (exception clause), or the national law of the deceased when it is chosen. C) Specific rules are provided for the substantive and formal validity of the dispositions of property upon death, included agreements as to successions. D) The acceptance of authentic instruments is introduced in accordance with the equivalent principle. These instruments are considered accured evidence, to the extent that there is a presumption of validity of the act contained in the instrument. E) The European Certificate of Succession is introduced. This has basically evidentiary effects, but also it is a valid document in order to access to registers and it grants a protection of the dispositions made according to the Certificate.