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2015.09.02 Other changes in the law of succession

On 17 August 2012. Regulation of the European Parliament and of the Council (EU) No 650/2012 of 4 July 2012. On jurisdiction, applicable law, recognition and enforcement of judgments adoption and enforcement of authentic instruments in matters of succession and the the establishment of a European Certificate of Succession.

This regulation governs in particular the issue of jurisdiction in matters of succession law to deal with matters of succession and the recognition and enforcement of judgments in matters of succession and the new instrument: the European Certificate of Succession.

Its provisions will apply only successions deceased persons on and after 17 August 2015.

The Regulation introduces the following general principles:

to decide on the total number of cases relating to inheritance are called courts of the Member State in which the deceased had habitual residence at the time of death;

the law applicable to the public on the succession if specific provisions of the Regulation does not provide otherwise, is the law of the State in which the deceased had his habitual residence at the time of death.

This latter principle, however, is experiencing significant limitations. For if we exceptionally, with all the circumstances it is clear that at the time of death of the deceased was manifestly more closely connected with a country other than that of his habitual residence at the time of death, the law applicable to the succession is the law of that other country. What's more, everyone can choose the law of the state whose nationality he possesses at the time of making the choice or at the time of death, as the law that governs general matters relating to its decline.

This means in practice that if after 17 August. in Germany, a Polish citizen dies from years of living there, without leaving a will in which effect a choice of law of succession after him is the provisions of German law.

In turn, the European Certificate of Succession will be the equivalent of Polish judicial finding of inheritance or succession certification notarial act.

It will give birth effects in all Member States without the requirement to use any particular procedure.

From a European Certificate of Succession is clear presumption that the Statement correctly states which have been established under the law applicable to the succession or under any other law applicable to specific issues. It is presumed that the person mentioned in the Certificate as the heir, legatee, executor or administrator inheritance has the status mentioned in the Certificate or the rights or powers set out in the certificate without any conditions or limitations to those rights or powers other than those specified in the Certificate.

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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