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practice EU: Cross-border successions - a multilingual guide for European citizens

EU: Cross-border successions - a multilingual guide for European citizens

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On 28 June 2010 the Council of the Notariats of the European Union launched with the support of the European Commission a multilingual website - www.successions-europe.eu - whose purpose is to help citizens be better aware of the succession rules applicable in cross-border successions.

Free movement is a core right of the citizens of the European Union. Approximately 9 million Europeans are making use of this right by living outside their home country. Each year, about 450 000 cross-border succession procedures are initiated in the European Union, for a total value of over €12 billion. As the owners of goods - real estate or bank accounts -, families are confronted with different regulations in terms of jurisdiction and applicable law in the 27 EU Member States.

The information on www.successions-europe.eu is available in 22 EU languages as well as in Croatian.

"It is not easy for those citizens who make use of their right to live in another Member State to know which national law applies to successions. This Internet site marks an important step towards citizens' access to their rights" pointed out Ms. Viviane Reding, Vice-President of the European Commission responsible for Justice, Fundamental Rights and Citizenship.

The website provides answers to the main questions raised during a succession. For instance it allows citizens to find out the competent authority and the applicable law or to know whether they have the option to choose the applicable law, but also to understand how the heirs are identified under a given Law. As for law practitioners, they will find detailed reports on Succession Law - in English, French and German - online.

The total project cost is almost €280 000 and the European Commission's contribution represents approx. €158 400.

Background information:

On 14 October 2009, the European Commission proposed a Regulation to simplify the settlement of international successions. This proposal provides for the use of a single criterion for determining both the competent authorities and the applicable law: the habitual place of residence of the deceased. However, the citizens living abroad will have the option to decide that the law applicable to their entire succession will be that of their country of nationality. This is an example of the European Union's work towards the creation of an area of justice simplifying the daily life of citizens, as Ms. Reding explained on 20 April 2010 in an action plan for 2010-2014. At a meeting in Luxembourg on 4 June 2010, the justice ministers of the Member States outlined the importance of this proposal. Negotiations are currently taking place in the Council.

 

Further information: 

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