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27.7.2012 Official
Journal
of
the
European
Union L
201/107
REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 4 July 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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
to the Council, was adopted on 30 November 2000.
EUROPEAN UNION,
That programme identifies measures relating to the
harmonisation of conflict-of-laws rules as measures facili
tating the mutual recognition of decisions, and provides
Having regard to the Treaty on the Functioning of the European
for the drawing-up of an instrument relating to wills and
Union, and in particular Article 81(2) thereof,
succession.
Having regard to the proposal from the European Commission,
(5) The
European
Council
meeting
in
Brussels
on
4
and
5 November 2004 adopted a new programme called
Having regard to the opinion of the European Economic and
‘The Hague Programme: strengthening freedom, security
Social Committee (
and justice in the European Union’ ( 4 ). That programme

1 ),
underlines the need to adopt an instrument in matters of
succession dealing, in particular, with the questions of
conflict of laws, jurisdiction, mutual recognition and
Acting in accordance with the ordinary legislative procedure ( 2 ),
enforcement of decisions in the area of succession and
a European Certificate of Succession.
Whereas:
(6) At
its
meeting
in
Brussels
on
10
and
11
December
2009
(1)
The Union has set itself the objective of maintaining and
the European Council adopted a new multiannual
developing an area of freedom, security and justice in
programme called ‘The Stockholm Programme – An
which the free movement of persons is ensured. For
open and secure Europe serving and protecting
the gradual establishment of such an area, the Union is
citizens’ ( 5 ). In that programme the European Council
to adopt measures relating to judicial cooperation in civil
considered that mutual recognition should be extended
matters having cross-border implications, particularly
to fields that are not yet covered but are essential to
when necessary for the proper functioning of the
everyday life, for example succession and wills, while
internal market.
taking into consideration Member States’ legal systems,
including public policy (ordre public), and national
traditions in this area.
(2)
In accordance with point (c) of Article 81(2) of the
Treaty on the Functioning of the European Union, such
measures may include measures aimed at ensuring the
compatibility of the rules applicable in the Member States
concerning conflict of laws and of jurisdiction.
(7) The
proper
functioning
of
the
internal
market
should
be
facilitated by removing the obstacles to the free
movement of persons who currently face difficulties in
asserting their rights in the context of a succession
(3) The
European
Council
meeting
in
Tampere
on
15
and
having cross-border implications. In the European area
16 October 1999 endorsed the principle of mutual
of justice, citizens must be able to organise their
recognition of judgments and other decisions of judicial
succession in advance. The rights of heirs and legatees,
authorities as the cornerstone of judicial cooperation in
of other persons close to the deceased and of creditors of
civil matters and invited the Council and the Commission
the succession must be effectively guaranteed.
to adopt a programme of measures to implement that
principle.
(4)
A programme of measures for implementation of the
(8) In
order
to
achieve
those
objectives,
this
Regulation
principle of mutual recognition of decisions in civil and
should bring together provisions on jurisdiction, on
commercial matters (
applicable law, on recognition or, as the case may be,

3 ), common to the Commission and
acceptance, enforceability and enforcement of decisions,
authentic instruments and court settlements and on the
( 1 ) OJ C 44, 11.2.2011, p. 148.
creation of a European Certificate of Succession.
( 2 ) Position of the European Parliament of 13 March 2012 (not yet
published in the Official Journal) and decision of the Council of
7 June 2012.
( 4 ) OJ C 53, 3.3.2005, p. 1.
( 3 ) OJ C 12, 15.1.2001, p. 1.
( 5 ) OJ C 115, 4.5.2010, p. 1.

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L 201/108
EN
Official Journal of the European Union
27.7.2012
(9) The
scope
of
this
Regulation
should
include
all
civil-law
purposes of determining the shares of the beneficiaries in
aspects of succession to the estate of a deceased person,
accordance with the law applicable to the succession.
namely all forms of transfer of assets, rights and
obligations by reason of death, whether by way of a
voluntary transfer under a disposition of property upon
death or a transfer through intestate succession.
(15) This
Regulation
should
allow
for
the
creation
or
the
transfer by succession of a right in immovable or
movable property as provided for in the law applicable
to the succession. It should, however, not affect the
(10) This
Regulation
should
not
apply
to
revenue
matters
or
limited number (‘numerus clausus’) of rights in rem
to administrative matters of a public-law nature. It should
known in the national law of some Member States. A
therefore be for national law to determine, for instance,
Member State should not be required to recognise a right
how taxes and other liabilities of a public-law nature are
in rem relating to property located in that Member State
calculated and paid, whether these be taxes payable by
if the right in rem in question is not known in its law.
the deceased at the time of death or any type of
succession-related tax to be paid by the estate or the
beneficiaries. It should also be for national law to
determine whether the release of succession property to
(16) However, in order to allow the beneficiaries to enjoy in
beneficiaries under this Regulation or the recording of
another Member State the rights which have been created
succession property in a register may be made subject
or transferred to them by succession, this Regulation
to the payment of taxes.
should provide for the adaptation of an unknown right
in rem to the closest equivalent right in rem under the law
of that other Member State. In the context of such an
adaptation, account should be taken of the aims and the
(11) This
Regulation
should
not
apply
to
areas
of
civil
law
interests pursued by the specific right in rem and the
other than succession. For reasons of clarity, a number of
effects attached to it. For the purposes of determining
questions which could be seen as having a link with
the closest equivalent national right in rem, the authorities
matters of succession should be explicitly excluded
or competent persons of the State whose law applied to
from the scope of this Regulation.
the succession may be contacted for further information
on the nature and the effects of the right. To that end,
the existing networks in the area of judicial cooperation
in civil and commercial matters could be used, as well as
(12) Accordingly, this Regulation should not apply to
any other available means facilitating the understanding
questions relating to matrimonial property regimes,
of foreign law.
including marriage settlements as known in some legal
systems to the extent that such settlements do not deal
with succession matters, and property regimes of rela
tionships deemed to have comparable effects to
(17) The
adaptation
of
unknown
rights in rem as explicitly
marriage. The authorities dealing with a given succession
provided for by this Regulation should not preclude
under this Regulation should nevertheless, depending on
other forms of adaptation in the context of the appli
the situation, take into account the winding-up of the
cation of this Regulation.
matrimonial property regime or similar property regime
of the deceased when determining the estate of the
deceased and the respective shares of the beneficiaries.
(18) The
requirements
for
the
recording
in
a
register
of
a
right
in immovable or movable property should be excluded
from the scope of this Regulation. It should therefore be
(13) Questions
relating
to
the
creation,
administration
and
the law of the Member State in which the register is kept
dissolution of trusts should also be excluded from the
(for immovable property, the lex rei sitae) which
scope of this Regulation. This should not be understood
determines under what legal conditions and how the
as a general exclusion of trusts. Where a trust is created
recording must be carried out and which authorities,
under a will or under statute in connection with intestate
such as land registers or notaries, are in charge of
succession the law applicable to the succession under this
checking that all requirements are met and that the docu
Regulation should apply with respect to the devolution
mentation presented or established is sufficient or
of the assets and the determination of the beneficiaries.
contains the necessary information. In particular, the
authorities may check that the right of the deceased to
the succession property mentioned in the document
presented for registration is a right which is recorded
(14) Property
rights,
interests
and
assets
created
or
transferred
as such in the register or which is otherwise demon
otherwise than by succession, for instance by way of
strated in accordance with the law of the Member State
gifts, should also be excluded from the scope of this
in which the register is kept. In order to avoid dupli
Regulation. However, it should be the law specified by
cation of documents, the registration authorities should
this Regulation as the law applicable to the succession
accept such documents drawn up in another Member
which determines whether gifts or other forms of
State by the competent authorities whose circulation is
dispositions inter vivos giving rise to a right in rem prior
provided for by this Regulation. In particular, the
to death should be restored or accounted for for the
European Certificate of Succession issued under this

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EN
27.7.2012 Official
Journal
of
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Union L
201/109
Regulation should constitute a valid document for the
rules of jurisdiction, and the authentic instruments they
recording of succession property in a register of a
issue should circulate in accordance with the provisions
Member State. This should not preclude the authorities
on authentic instruments.
involved in the registration from asking the person
applying for registration to provide such additional
information, or to present such additional documents,
as are required under the law of the Member State in
(23) In view of the increasing mobility of citizens and in
which the register is kept, for instance information or
order to ensure the proper administration of justice
documents relating to the payment of revenue. The
within the Union and to ensure that a genuine
competent authority may indicate to the person
connecting factor exists between the succession and the
applying for registration how the missing information
Member State in which jurisdiction is exercised, this
or documents can be provided.
Regulation should provide that the general connecting
factor for the purposes of determining both jurisdiction
and the applicable law should be the habitual residence
(19) The effects of the recording of a right in a register should
of the deceased at the time of death. In order to
also be excluded from the scope of this Regulation. It
determine the habitual residence, the authority dealing
should therefore be the law of the Member State in
with the succession should make an overall assessment
which the register is kept which determines whether
of the circumstances of the life of the deceased during
the recording is, for instance, declaratory or constitutive
the years preceding his death and at the time of his
in effect. Thus, where, for example, the acquisition of a
death, taking account of all relevant factual elements, in
right in immovable property requires a recording in a
particular the duration and regularity of the deceased’s
register under the law of the Member State in which
presence in the State concerned and the conditions and
the register is kept in order to ensure the erga omnes
reasons for that presence. The habitual residence thus
effect of registers or to protect legal transactions, the
determined should reveal a close and stable connection
moment of such acquisition should be governed by the
with the State concerned taking into account the specific
law of that Member State.
aims of this Regulation.
(20) This
Regulation
should
respect
the
different
systems
for
dealing with matters of succession applied in the Member
(24) In
certain cases, determining the deceased’s habitual
States. For the purposes of this Regulation, the term
residence may prove complex. Such a case may arise,
‘court’ should therefore be given a broad meaning so
in particular, where the deceased for professional or
as to cover not only courts in the true sense of the
economic reasons had gone to live abroad to work
word, exercising judicial functions, but also the notaries
there, sometimes for a long time, but had maintained a
or registry offices in some Member States who or which,
close and stable connection with his State of origin. In
in certain matters of succession, exercise judicial
such a case, the deceased could, depending on the
functions like courts, and the notaries and legal profes
circumstances of the case, be considered still to have
sionals who, in some Member States, exercise judicial
his habitual residence in his State of origin in which
functions in a given succession by delegation of power
the centre of interests of his family and his social life
by a court. All courts as defined in this Regulation
was located. Other complex cases may arise where the
should be bound by the rules of jurisdiction set out in
deceased lived in several States alternately or travelled
this Regulation. Conversely, the term ‘court’ should not
from one State to another without settling permanently
cover non-judicial authorities of a Member State
in any of them. If the deceased was a national of one of
empowered under national law to deal with matters of
those States or had all his main assets in one of those
succession, such as the notaries in most Member States
States, his nationality or the location of those assets
where, as is usually the case, they are not exercising
could be a special factor in the overall assessment of
judicial functions.
all the factual circumstances.
(21) This
Regulation should allow all notaries who have
competence in matters of succession in the Member
(25) With regard to the determination of the law applicable to
States to exercise such competence. Whether or not the
the succession the authority dealing with the succession
notaries in a given Member State are bound by the rules
may in exceptional cases – where, for instance, the
of jurisdiction set out in this Regulation should depend
deceased had moved to the State of his habitual
on whether or not they are covered by the term ‘court’
residence fairly recently before his death and all the
for the purposes of this Regulation.
circumstances of the case indicate that he was manifestly
more closely connected with another State – arrive at the
conclusion that the law applicable to the succession
(22) Acts issued by notaries in matters of succession in the
should not be the law of the State of the habitual
Member States should circulate under this Regulation.
residence of the deceased but rather the law of the
When notaries exercise judicial functions they are
State with which the deceased was manifestly more
bound by the rules of jurisdiction, and the decisions
closely connected. That manifestly closest connection
they give should circulate in accordance with the
should, however, not be resorted to as a subsidiary
provisions on recognition, enforceability and
connecting factor whenever the determination of the
enforcement of decisions. When notaries do not
habitual residence of the deceased at the time of death
exercise judicial functions they are not bound by the
proves complex.

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L 201/110
EN
Official Journal of the European Union
27.7.2012
(26) Nothing
in
this
Regulation
should
prevent
a
court
from
war, or when a beneficiary cannot reasonably be
applying mechanisms designed to tackle the evasion of
expected to initiate or conduct proceedings in that
the law, such as fraude à la loi in the context of private
State. Jurisdiction based on forum necessitatis should,
international law.
however, be exercised only if the case has a sufficient
connection with the Member State of the court seised.
(27) The
rules
of
this
Regulation
are
devised
so
as
to
ensure
that the authority dealing with the succession will, in
most situations, be applying its own law. This Regulation
(32) In
order to simplify
the lives
of heirs
and legatees
therefore provides for a series of mechanisms which
habitually resident in a Member State other than that
would come into play where the deceased had chosen
in which the succession is being or will be dealt with,
as the law to govern his succession the law of a Member
this Regulation should allow any person entitled under
State of which he was a national.
the law applicable to the succession to make declarations
concerning the acceptance or waiver of the succession, of
a legacy or of a reserved share, or concerning the limi
tation of his liability for the debts under the succession,
to make such declarations in the form provided for by
(28) One such mechanism should be to allow the parties
concerned to conclude a choice-of-court agreement in
the law of the Member State of his habitual residence
favour of the courts of the Member State of the
before the courts of that Member State. This should not
chosen law. It would have to be determined on a case-
preclude such declarations being made before other auth
by-case basis, depending in particular on the issue
orities in that Member State which are competent to
covered by the choice-of-court agreement, whether the
receive declarations under national law. Persons
agreement would have to be concluded between all
choosing to avail themselves of the possibility to make
parties concerned by the succession or whether some
declarations in the Member State of their habitual
of them could agree to bring a specific issue before the
residence should themselves inform the court or
chosen court in a situation where the decision by that
authority which is or will be dealing with the succession
court on that issue would not affect the rights of the
of the existence of such declarations within any time
other parties to the succession.
limit set by the law applicable to the succession.


(29) If
succession
proceedings
are
opened
by
a
court
of
its
(33) It
should
not
be
possible
for
a
person
who
wishes
to
own motion, as is the case in certain Member States, that
limit his liability for the debts under the succession to do
court should close the proceedings if the parties agree to
so by a mere declaration to that effect before the courts
settle the succession amicably out of court in the
or other competent authorities of the Member State of
Member State of the chosen law. Where succession
his habitual residence where the law applicable to the
proceedings are not opened by a court of its own
succession requires him to initiate specific legal
motion, this Regulation should not prevent the parties
proceedings, for instance inventory proceedings, before
from settling the succession amicably out of court, for
the competent court. A declaration made in such circum
instance before a notary, in a Member State of their
stances by a person in the Member State of his habitual
choice where this is possible under the law of that
residence in the form provided for by the law of that
Member State. This should be the case even if the law
Member State should therefore not be formally valid for
applicable to the succession is not the law of that
the purposes of this Regulation. Nor should the
Member State.
documents instituting the legal proceedings be regarded
as declarations for the purposes of this Regulation.
(30) In
order
to
ensure
that
the
courts
of
all
Member
States
may, on the same grounds, exercise jurisdiction in
relation to the succession of persons not habitually
(34) In the interests of the harmonious functioning of justice,
resident in a Member State at the time of death, this
the giving of irreconcilable decisions in different Member
Regulation should list exhaustively, in a hierarchical
States should be avoided. To that end, this Regulation
order, the grounds on which such subsidiary jurisdiction
should provide for general procedural rules similar to
may be exercised.
those of other Union instruments in the area of judicial
cooperation in civil matters.
(31) In
order
to
remedy,
in
particular,
situations
of
denial
of
justice, this Regulation should provide a forum necessitatis
allowing a court of a Member State, on an exceptional
(35) One
such
procedural
rule
is
a lis pendens rule which will
basis, to rule on a succession which is closely connected
come into play if the same succession case is brought
with a third State. Such an exceptional basis may be
before different courts in different Member States. That
deemed to exist when proceedings prove impossible in
rule will then determine which court should proceed to
the third State in question, for example because of civil
deal with the succession case.

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EN
27.7.2012 Official
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of
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European
Union L
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(36) Given
that
succession
matters
in
some
Member
States
(41) For the purposes of the application of this Regulation,
may be dealt with by non-judicial authorities, such as
the determination of the nationality or the multiple
notaries, who are not bound by the rules of jurisdiction
nationalities of a person should be resolved as a
under this Regulation, it cannot be excluded that an
preliminary question. The issue of considering a person
amicable out-of-court settlement and court proceedings
as a national of a State falls outside the scope of this
relating to the same succession, or two amicable out-of-
Regulation and is subject to national law, including,
court settlements relating to the same succession, may be
where applicable, international Conventions, in full
initiated in parallel in different Member States. In such a
observance of the general principles of the European
situation, it should be for the parties involved, once they
Union.
become aware of the parallel proceedings, to agree
among themselves how to proceed. If they cannot
agree, the succession would have to be dealt with and
decided upon by the courts having jurisdiction under this
Regulation.
(42) The law determined as the law applicable to the
succession should govern the succession from the
opening of the succession to the transfer of ownership
of the assets forming part of the estate to the bene
(37) In
order
to
allow
citizens
to
avail
themselves,
with
all
ficiaries as determined by that law. It should include
legal certainty, of the benefits offered by the internal
questions relating to the administration of the estate
market, this Regulation should enable them to know in
and to liability for the debts under the succession. The
advance which law will apply to their succession.
payment of the debts under the succession may,
Harmonised conflict-of-laws rules should be introduced
depending, in particular, on the law applicable to the
in order to avoid contradictory results. The main rule
succession, include the taking into account of a specific
should ensure that the succession is governed by a
ranking of the creditors.
predictable law with which it is closely connected. For
reasons of legal certainty and in order to avoid the frag
mentation of the succession, that law should govern the
succession as a whole, that is to say, all of the property
forming part of the estate, irrespective of the nature of
the assets and regardless of whether the assets are located
(43) The
rules
of
jurisdiction
laid
down
by
this
Regulation
in another Member State or in a third State.
may, in certain cases, lead to a situation where the
court having jurisdiction to rule on the succession will
not be applying its own law. When that situation occurs
in a Member State whose law provides for the mandatory
(38) This
Regulation
should
enable
citizens
to
organise
their
appointment of an administrator of the estate, this Regu
succession in advance by choosing the law applicable to
lation should allow the courts of that Member State,
their succession. That choice should be limited to the law
when seised, to appoint one or more such administrators
of a State of their nationality in order to ensure a
under their own law. This should be without prejudice to
connection between the deceased and the law chosen
any choice made by the parties to settle the succession
and to avoid a law being chosen with the intention of
amicably out of court in another Member State where
frustrating the legitimate expectations of persons entitled
this is possible under the law of that Member State. In
to a reserved share.
order to ensure a smooth coordination between the law
applicable to the succession and the law of the Member
State of the appointing court, the court should appoint
the person(s) who would be entitled to administer the
(39) A choice of law should be made expressly in a
estate under the law applicable to the succession, such as
declaration in the form of a disposition of property
for instance the executor of the will of the deceased or
upon death or be demonstrated by the terms of such a
the heirs themselves or, if the law applicable to the
disposition. A choice of law could be regarded as demon
succession so requires, a third-party administrator. The
strated by a disposition of property upon death where,
courts may, however, in specific cases where their law
for instance, the deceased had referred in his disposition
so requires, appoint a third party as administrator even if
to specific provisions of the law of the State of his
this is not provided for in the law applicable to the
nationality or where he had otherwise mentioned that
succession. If the deceased had appointed an executor
law.
of the will, that person may not be deprived of his
powers unless the law applicable to the succession
allows for the termination of his mandate.
(40) A
choice
of
law
under
this
Regulation
should
be
valid
even if the chosen law does not provide for a choice of
law in matters of succession. It should however be for
the chosen law to determine the substantive validity of
(44) The
powers
exercised
by
the
administrators
appointed
in
the act of making the choice, that is to say, whether the
the Member State of the court seised should be the
person making the choice may be considered to have
powers of administration which they may exercise
understood and consented to what he was doing. The
under the law applicable to the succession. Thus, if, for
same should apply to the act of modifying or revoking a
instance, the heir is appointed as administrator he should
choice of law.
have the powers to administer the estate which an heir

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L 201/112
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Official Journal of the European Union
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would have under that law. Where the powers of admin
(48) In
order
to
ensure
legal
certainty
for
persons
wishing
to
istration which may be exercised under the law
plan their succession in advance, this Regulation should
applicable to the succession are not sufficient to
lay down a specific conflict-of-laws rule concerning the
preserve the assets of the estate or to protect the rights
admissibility and substantive validity of dispositions of
of the creditors or of other persons having guaranteed
property upon death. To ensure the uniform application
the debts of the deceased, the administrator(s) appointed
of that rule, this Regulation should list which elements
in the Member State of the court seised may, on a
should be considered as elements pertaining to
residual basis, exercise powers of administration to that
substantive validity. The examination of the substantive
end provided for by the law of that Member State. Such
validity of a disposition of property upon death may lead
residual powers could include, for instance, establishing a
to the conclusion that that disposition is without legal
list of the assets of the estate and the debts under the
existence.
succession, informing creditors of the opening of the
succession and inviting them to make their claims
known, and taking any provisional, including protective,
measures intended to preserve the assets of the estate.
The acts performed by an administrator in exercise of the
(49) An
agreement
as
to
succession
is
a
type
of
disposition
of
residual powers should respect the law applicable to the
property upon death the admissibility and acceptance of
succession as regards the transfer of ownership of
which vary among the Member States. In order to make
succession property, including any transaction entered
it easier for succession rights acquired as a result of an
into by the beneficiaries prior to the appointment of
agreement as to succession to be accepted in the Member
the administrator, liability for the debts under the
States, this Regulation should determine which law is to
succession and the rights of the beneficiaries, including,
govern the admissibility of such agreements, their
where applicable, the right to accept or to waive the
substantive validity and their binding effects between
succession. Such acts could, for instance, only entail
the parties, including the conditions for their dissolution.
the alienation of assets or the payment of debts where
this would be allowed under the law applicable to the
succession. Where under the law applicable to the
succession the appointment of a third-party adminis
trator changes the liability of the heirs, such a change
of liability should be respected.
(50) The
law
which,
under
this
Regulation,
will
govern
the
admissibility and substantive validity of a disposition of
property upon death and, as regards agreements as to
succession, the binding effects of such an agreement as
between the parties, should be without prejudice to the
rights of any person who, under the law applicable to the
(45) This Regulation should not preclude creditors, for
succession, has a right to a reserved share or another
instance through a representative, from taking such
right of which he cannot be deprived by the person
further steps as may be available under national law,
whose estate is involved.
where applicable, in accordance with the relevant
Union instruments, in order to safeguard their rights.
(51) Where reference is made in this Regulation to the law
which would have been applicable to the succession of
(46) This
Regulation
should
allow
for
potential
creditors
in
the person making a disposition of property upon death
other Member States where assets are located to be
if he had died on the day on which the disposition was,
informed of the opening of the succession. In the
as the case may be, made, modified or revoked, such
context of the application of this Regulation,
reference should be understood as a reference to either
consideration should therefore be given to the possibility
the law of the State of the habitual residence of the
of establishing a mechanism, if appropriate by way of the
person concerned on that day or, if he had made a
e-Justice portal, to enable potential creditors in other
choice of law under this Regulation, the law of the
Member States to access the relevant information so
State of his nationality on that day.
that they can make their claims known.
(52) This
Regulation
should
regulate
the
validity
as
to
form
of
(47) The
law
applicable
to
the
succession
should
determine
all dispositions of property upon death made in writing
who the beneficiaries are in any given succession. Under
by way of rules which are consistent with those of the
most laws, the term ‘beneficiaries’ would cover heirs and
Hague Convention of 5 October 1961 on the Conflicts
legatees and persons entitled to a reserved share
of Laws Relating to the Form of Testamentary Disposi
although, for instance, the legal position of legatees is
tions. When determining whether a given disposition of
not the same under all laws. Under some laws, the
property upon death is formally valid under this Regu
legatee may receive a direct share in the estate whereas
lation, the competent authority should disregard the
under other laws the legatee may acquire only a claim
fraudulent creation of an international element to
against the heirs.
circumvent the rules on formal validity.

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Union L
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(53) For
the
purposes
of
this
Regulation,
any
provision
of
law
(57) The
conflict-of-laws
rules
laid
down
in
this
Regulation
limiting the permitted forms of dispositions of property
may lead to the application of the law of a third State. In
upon death by reference to certain personal qualifications
such cases regard should be had to the private inter
of the person making the disposition, such as, for
national law rules of that State. If those rules provide
instance, his age, should be deemed to pertain to
for renvoi either to the law of a Member State or to
matters of form. This should not be interpreted as
the law of a third State which would apply its own
meaning that the law applicable to the formal validity
law to the succession, such renvoi should be accepted
of a disposition of property upon death under this Regu
in order to ensure international consistency. Renvoi
lation should determine whether or not a minor has the
should, however, be excluded in situations where the
capacity to make a disposition of property upon death.
deceased had made a choice of law in favour of the
That law should only determine whether a personal
law of a third State.
qualification such as, for instance, minority should bar
a person from making a disposition of property upon
death in a certain form.
(58) Considerations
of
public
interest
should
allow
courts
and
other competent authorities dealing with matters of
succession in the Member States to disregard, in excep
tional circumstances, certain provisions of a foreign law
(54) For
economic,
family
or
social
considerations,
certain
where, in a given case, applying such provisions would
immovable property, certain enterprises and other
be manifestly incompatible with the public policy (ordre
special categories of assets are subject to special rules
public) of the Member State concerned. However, the
in the Member State in which they are located
courts or other competent authorities should not be
imposing restrictions concerning or affecting the
able to apply the public-policy exception in order to
succession in respect of those assets. This Regulation
set aside the law of another State or to refuse to
should ensure the application of such special rules.
recognise or, as the case may be, accept or enforce a
However, this exception to the application of the law
decision, an authentic instrument or a court settlement
applicable to the succession requires a strict interpre
from another Member State when doing so would be
tation in order to remain compatible with the general
contrary to the Charter of Fundamental Rights of the
objective of this Regulation. Therefore, neither conflict-
European Union, and in particular Article 21 thereof,
of-laws rules subjecting immovable property to a law
which prohibits all forms of discrimination.
different from that applicable to movable property nor

provisions providing for a reserved share of the estate
greater than that provided for in the law applicable to the
succession under this Regulation may be regarded as
constituting special rules imposing restrictions
(59) In the light of its general objective, which is the mutual
concerning or affecting the succession in respect of
recognition of decisions given in the Member States in
certain assets.
matters of succession, irrespective of whether such
decisions were given in contentious or non-contentious
proceedings, this Regulation should lay down rules
relating to the recognition, enforceability and
enforcement of decisions similar to those of other
(55) To
ensure
uniform
handling
of
a
situation
in
which
it
is
Union instruments in the area of judicial cooperation
uncertain in what order two or more persons whose
in civil matters.
succession would be governed by different laws died,
this Regulation should lay down a rule providing that
none of the deceased persons is to have any rights in
the succession of the other or others.
(60) In
order
to
take
into
account
the
different
systems
for
dealing with matters of succession in the Member States,
this Regulation should guarantee the acceptance and
enforceability in all Member States of authentic
instruments in matters of succession.
(56) In
some
situations
an
estate
may
be
left
without
a
claimant. Different laws provide differently for such situ
ations. Under some laws, the State will be able to claim
the vacant estate as an heir irrespective of where the
assets are located. Under some other laws, the State
(61) Authentic
instruments
should
have
the
same
evidentiary
will be able to appropriate only the assets located on
effects in another Member State as they have in the
its territory. This Regulation should therefore lay down
Member State of origin, or the most comparable
a rule providing that the application of the law applicable
effects. When determining the evidentiary effects of a
to the succession should not preclude a Member State
given authentic instrument in another Member State or
from appropriating under its own law the assets located
the most comparable effects, reference should be made to
on its territory. However, to ensure that this rule is not
the nature and the scope of the evidentiary effects of the
detrimental to the creditors of the estate, a proviso
authentic instrument in the Member State of origin. The
should be added enabling the creditors to seek satis
evidentiary effects which a given authentic instrument
faction of their claims out of all the assets of the
should have in another Member State will therefore
estate, irrespective of their location.
depend on the law of the Member State of origin.

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(62) The
‘authenticity’
of
an
authentic
instrument
should
be
which authentic instrument, if any, should be given
an autonomous concept covering elements such as the
priority, the question should be determined by the
genuineness of the instrument, the formal prerequisites
courts having jurisdiction under this Regulation, or,
of the instrument, the powers of the authority drawing
where the question is raised as an incidental question
up the instrument and the procedure under which the
in the course of proceedings, by the court seised of
instrument is drawn up. It should also cover the factual
those proceedings. In the event of incompatibility
elements recorded in the authentic instrument by the
between an authentic instrument and a decision, regard
authority concerned, such as the fact that the parties
should be had to the grounds of non-recognition of
indicated appeared before that authority on the date
decisions under this Regulation.
indicated and that they made the declarations indicated.
A party wishing to challenge the authenticity of an
authentic instrument should do so before the
competent court in the Member State of origin of the
authentic instrument under the law of that Member State.
(67) In
order
for
a
succession
with
cross-border
implications
within the Union to be settled speedily, smoothly and
efficiently, the heirs, legatees, executors of the will or
administrators of the estate should be able to demon
(63) The term ‘the legal acts or legal relationships recorded in
strate easily their status and/or rights and powers in
an authentic instrument’ should be interpreted as
another Member State, for instance in a Member State
referring to the contents as to substance recorded in
in which succession property is located. To enable them
the authentic instrument. The legal acts recorded in an
to do so, this Regulation should provide for the creation
authentic instrument could be, for instance, the
of a uniform certificate, the European Certificate of
agreement between the parties on the sharing-out or
Succession (hereinafter referred to as ‘the Certificate’), to
the distribution of the estate, or a will or an agreement
be issued for use in another Member State. In order to
as to succession, or another declaration of intent. The
respect the principle of subsidiarity, the Certificate should
legal relationships could be, for instance, the deter
not take the place of internal documents which may exist
mination of the heirs and other beneficiaries as estab
for similar purposes in the Member States.
lished under the law applicable to the succession, their
respective shares and the existence of a reserved share, or
any other element established under the law applicable to
the succession. A party wishing to challenge the legal
acts or legal relationships recorded in an authentic
(68) The
authority
which
issues
the
Certificate
should
have
instrument should do so before the courts having juris
regard to the formalities required for the registration of
diction under this Regulation, which should decide on
immovable property in the Member State in which the
the challenge in accordance with the law applicable to
register is kept. For that purpose, this Regulation should
the succession.
provide for an exchange of information on such
formalities between the Member States.
(64) If
a
question
relating
to
the
legal
acts
or
legal
rela
tionships recorded in an authentic instrument is raised
as an incidental question in proceedings before a court of
(69) The
use
of
the
Certificate
should
not
be
mandatory.
This
a Member State, that court should have jurisdiction over
means that persons entitled to apply for a Certificate
that question.
should be under no obligation to do so but should be
free to use the other instruments available under this
Regulation (decisions, authentic instruments and court
(65) An authentic instrument which is being challenged
settlements). However, no authority or person presented
should not produce any evidentiary effects in a
with a Certificate issued in another Member State should
Member State other than the Member State of origin as
be entitled to request that a decision, authentic
long as the challenge is pending. If the challenge
instrument or court settlement be presented instead of
concerns only a specific matter relating to the legal
the Certificate.
acts or legal relationships recorded in the authentic
instrument, the authentic instrument in question should
not produce any evidentiary effects in a Member State
other than the Member State of origin with regard to the
(70) The
Certificate
should
be
issued
in
the
Member
State
matter being challenged as long as the challenge is
whose courts have jurisdiction under this Regulation. It
pending. An authentic instrument which has been
should be for each Member State to determine in its
declared invalid as a result of a challenge should cease
internal legislation which authorities are to have
to produce any evidentiary effects.
competence to issue the Certificate, whether they be
courts as defined for the purposes of this Regulation or
other authorities with competence in matters of
(66) Should
an
authority,
in
the
application
of
this
Regulation,
succession, such as, for instance, notaries. It should also
be presented with two incompatible authentic instru
be for each Member State to determine in its internal
ments, it should assess the question as to which
legislation whether the issuing authority may involve
authentic instrument, if any, should be given priority,
other competent bodies in the issuing process, for
taking into account the circumstances of the particular
instance bodies competent to receive statutory declar
case. Where it is not clear from those circumstances
ations in lieu of an oath. The Member States should

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communicate to the Commission the relevant
over conventions concluded exclusively between two or
information concerning their issuing authorities in
more Member States in so far as such conventions
order for that information to be made publicly available.
concern matters governed by this Regulation.
(71) The
Certificate
should
produce
the
same
effects
in
all
Member States. It should not be an enforceable title in
(74) This
Regulation should not preclude Member States
its own right but should have an evidentiary effect and
which are parties to the Convention of 19 November
should be presumed to demonstrate accurately elements
1934 between Denmark, Finland, Iceland, Norway and
which have been established under the law applicable to
Sweden comprising private international law provisions
the succession or under any other law applicable to
on succession, wills and estate administration from
specific elements, such as the substantive validity of
continuing to apply certain provisions of that
Convention, as revised by the intergovernmental
dispositions of property upon death. The evidentiary
agreement between the States parties thereto.
effect of the Certificate should not extend to elements

which are not governed by this Regulation, such as
questions of affiliation or the question whether or not
a particular asset belonged to the deceased. Any person
who makes payments or passes on succession property
(75) In
order
to
facilitate
the
application
of
this
Regulation,
to a person indicated in the Certificate as being entitled
provision should be made for an obligation requiring the
to accept such payment or property as an heir or legatee
Member States to communicate certain information
should be afforded appropriate protection if he acted in
regarding their legislation and procedures relating to
good faith relying on the accuracy of the information
succession within the framework of the European
certified in the Certificate. The same protection should
Judicial Network in civil and commercial matters estab
be afforded to any person who, relying on the accuracy
lished by Council Decision 2001/470/EC ( 1 ). In order to
of the information certified in the Certificate, buys or
allow for the timely publication in the Official Journal of
receives succession property from a person indicated in
the European Union of all information of relevance for the
the Certificate as being entitled to dispose of such
practical application of this Regulation, the Member
property. The protection should be ensured if certified
States should also communicate such information to
copies which are still valid are presented. Whether or
the Commission before this Regulation starts to apply.
not such an acquisition of property by a third person
is effective should not be determined by this Regulation.
(76) Equally,
to
facilitate
the
application
of
this
Regulation
and to allow for the use of modern communication tech
(72) The
competent authority
should issue
the Certificate
nologies, standard forms should be prescribed for the
upon request. The original of the Certificate should
attestations to be provided in connection with the appli
remain with the issuing authority, which should issue
cation for a declaration of enforceability of a decision,
one or more certified copies of the Certificate to the
authentic instrument or court settlement and for the
applicant and to any other person demonstrating a
application for a European Certificate of Succession, as
legitimate interest. This should not preclude a Member
well as for the Certificate itself.
State, in accordance with its national rules on public
access to documents, from allowing copies of the
Certificate to be disclosed to members of the public.
This Regulation should provide for redress against
decisions of the issuing authority, including decisions
(77) In
calculating
the
periods
and
time
limits
provided
for
in
to refuse the issue of a Certificate. Where the Certificate
this Regulation, Regulation (EEC, Euratom) No 1182/71
is rectified, modified or withdrawn, the issuing authority
of the Council of 3 June 1971 determining the rules
should inform the persons to whom certified copies have
applicable to periods, dates and time limits ( 2 ) should
been issued so as to avoid wrongful use of such copies.
apply.

(73) Respect
for
international
commitments
entered
into
by
(78) In
order
to
ensure
uniform
conditions
for
the
implemen
the Member States means that this Regulation should not
tation of this Regulation, implementing powers should be
affect the application of international conventions to
conferred on the Commission with regard to the estab
which one or more Member States are party at the
lishment and subsequent amendment of the attestations
time when this Regulation is adopted. In particular, the
and forms pertaining to the declaration of enforceability
Member States which are Contracting Parties to the
of decisions, court settlements and authentic instruments
Hague Convention of 5 October 1961 on the Conflicts
and to the European Certificate of Succession. Those
of Laws Relating to the Form of Testamentary
powers should be exercised in accordance with Regu
Dispositions should be able to continue to apply the
lation (EU) No 182/2011 of the European Parliament
provisions of that Convention instead of the provisions
and of the Council of 16 February 2011 laying down
of this Regulation with regard to the formal validity of
the rules and general principles concerning mechanisms
wills and joint wills. Consistency with the general
objectives of this Regulation requires, however, that this
( 1 ) OJ L 174, 27.6.2001, p. 25.
Regulation take precedence, as between Member States,
( 2 ) OJ L 124, 8.6.1971, p. 1.

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for control by Member States of the Commission’s
HAVE ADOPTED THIS REGULATION:
exercise of implementing powers ( 1 ).
CHAPTER I
(79) The
advisory
procedure
should
be
used
for
the
adoption
SCOPE AND DEFINITIONS
of implementing acts establishing and subsequently
amending the attestations and forms provided for in
Article 1
this Regulation in accordance with the procedure laid
Scope
down in Article 4 of Regulation (EU) No 182/2011.
1. This Regulation shall apply to succession to the estates of
deceased persons. It shall not apply to revenue, customs or
administrative matters.
(80) Since the objectives of this Regulation, namely the free
movement of persons, the organisation in advance by
citizens of their succession in a Union context and the
2. The
following
shall
be
excluded
from
the
scope
of
this
protection of the rights of heirs and legatees and of
Regulation:
persons close to the deceased, as well as of the
creditors of the succession, cannot be sufficiently
achieved by the Member States and can therefore, by
reason of the scale and effects of this Regulation, be
(a) the status of natural persons, as well as family relationships
better achieved at Union level, the Union may adopt
and relationships deemed by the law applicable to such
measures in accordance with the principle of subsidiarity
relationships to have comparable effects;
as set out in Article 5 of the Treaty on European Union.
In accordance with the principle of proportionality, as set
out in that Article, this Regulation does not go beyond
(b) the legal capacity of natural persons, without prejudice to
what is necessary in order to achieve those objectives.
point (c) of Article 23(2) and to Article 26;
(c) questions relating to the disappearance, absence or
(81) This
Regulation respects the fundamental rights and
presumed death of a natural person;
observes the principles recognised in the Charter of
Fundamental Rights of the European Union. This Regu
lation must be applied by the courts and other
competent authorities of the Member States in
(d) questions relating to matrimonial property regimes and
observance of those rights and principles.
property regimes of relationships deemed by the law
applicable to such relationships to have comparable effects
to marriage;
(82) In accordance with Articles 1 and 2 of Protocol No 21
on the position of the United Kingdom and Ireland in
(e) maintenance obligations other than those arising by reason
respect of the area of freedom, security and justice,
of death;
annexed to the Treaty on European Union and to the
Treaty on the Functioning of the European Union, those
Member States are not taking part in the adoption of this
Regulation and are not bound by it or subject to its
(f) the formal validity of dispositions of property upon death
application. This is, however, without prejudice to the
made orally;
possibility for the United Kingdom and Ireland of
notifying their intention of accepting this Regulation
after its adoption in accordance with Article 4 of the
(g) property rights, interests and assets created or transferred
said Protocol.
otherwise than by succession, for instance by way of gifts,
joint ownership with a right of survivorship, pension plans,
insurance contracts and arrangements of a similar nature,
without prejudice to point (i) of Article 23(2);
(83) In accordance with Articles 1 and 2 of Protocol No 22
on the position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning of
(h) questions governed by the law of companies and other
the European Union, Denmark is not taking part in the
bodies, corporate or unincorporated, such as clauses in
adoption of this Regulation and is not bound by it or
the memoranda of association and articles of association
subject to its application,
of companies and other bodies, corporate or unincor
porated, which determine what will happen to the shares
( 1 ) OJ L 55, 28.2.2011, p. 13.
upon the death of the members;

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(i) the dissolution, extinction and merger of companies and
(f) ‘Member State of enforcement’ means the Member State in
other bodies, corporate or unincorporated;
which the declaration of enforceability or the enforcement
of the decision, court settlement or authentic instrument is
sought;
(j) the creation, administration and dissolution of trusts;
(g) ‘decision’ means any decision in a matter of succession
given by a court of a Member State, whatever the
(k) the nature of rights in rem; and
decision may be called, including a decision on the deter
mination of costs or expenses by an officer of the court;
(l) any recording in a register of rights in immovable or
movable property, including the legal requirements for
such recording, and the effects of recording or failing to
(h) ‘court settlement’ means a settlement in a matter of
record such rights in a register.
succession which has been approved by a court or
concluded before a court in the course of proceedings;
Article 2
(i) ‘authentic instrument’ means a document in a matter of
Competence in matters of succession within the Member
succession which has been formally drawn up or registered
States
as an authentic instrument in a Member State and the auth
This Regulation shall not affect the competence of the auth
enticity of which:
orities of the Member States to deal with matters of succession.
(i) relates to the signature and the content of the authentic
Article 3
instrument; and
Definitions
1. For
the
purposes
of
this
Regulation:
(ii) has been established by a public authority or other
authority empowered for that purpose by the Member
State of origin.
(a) ‘succession’ means succession to the estate of a deceased
person and covers all forms of transfer of assets, rights
and obligations by reason of death, whether by way of a
voluntary transfer under a disposition of property upon
2. For
the
purposes
of
this
Regulation,
the
term
‘court’
death or a transfer through intestate succession;
means any judicial authority and all other authorities and
legal professionals with competence in matters of succession
which exercise judicial functions or act pursuant to a delegation
of power by a judicial authority or act under the control of a
(b) ‘agreement as to succession’ means an agreement, including
judicial authority, provided that such other authorities and legal
an agreement resulting from mutual wills, which, with or
professionals offer guarantees with regard to impartiality and
without consideration, creates, modifies or terminates rights
the right of all parties to be heard and provided that their
to the future estate or estates of one or more persons party
decisions under the law of the Member State in which they
to the agreement;
operate:
(c) ‘joint will’ means a will drawn up in one instrument by two
(a) may be made the subject of an appeal to or review by a
or more persons;
judicial authority; and
(d) ‘disposition of property upon death’ means a will, a joint
will or an agreement as to succession;
(b) have a similar force and effect as a decision of a judicial
authority on the same matter.
(e) ‘Member State of origin’ means the Member State in which
the decision has been given, the court settlement approved
The Member States shall notify the Commission of the other
or concluded, the authentic instrument established or the
authorities and legal professionals referred to in the first
European Certificate of Succession issued;
subparagraph in accordance with Article 79.

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CHAPTER II
(a) a court previously seised has declined jurisdiction in the
same case pursuant to Article 6;
JURISDICTION
Article 4
General jurisdiction
(b) the parties to the proceedings have agreed, in accordance
with Article 5, to confer jurisdiction on a court or the
The courts of the Member State in which the deceased had his
courts of that Member State; or
habitual residence at the time of death shall have jurisdiction to
rule on the succession as a whole.
(c) the parties to the proceedings have expressly accepted the
jurisdiction of the court seised.
Article 5
Choice-of-court agreement
Article 8
1. Where the law chosen by the deceased to govern his
succession pursuant to Article 22 is the law of a Member
Closing of own-motion proceedings in the event of a
State, the parties concerned may agree that a court or the
choice of law
courts of that Member State are to have exclusive jurisdiction
A court which has opened succession proceedings of its own
to rule on any succession matter.
motion under Article 4 or Article 10 shall close the proceedings
if the parties to the proceedings have agreed to settle the
succession amicably out of court in the Member State whose
law had been chosen by the deceased pursuant to Article 22.
2. Such
a
choice-of-court
agreement
shall
be
expressed
in
writing, dated and signed by the parties concerned. Any
communication by electronic means which provides a durable
record of the agreement shall be deemed equivalent to writing.
Article 9
Jurisdiction based on appearance
1. Where,
in
the
course
of
proceedings
before
a
court
of
a
Member State exercising jurisdiction pursuant to Article 7, it
Article 6
appears that not all the parties to those proceedings were party
Declining of jurisdiction in the event of a choice of law
to the choice-of-court agreement, the court shall continue to
exercise jurisdiction if the parties to the proceedings who were
Where the law chosen by the deceased to govern his succession
not party to the agreement enter an appearance without
pursuant to Article 22 is the law of a Member State, the court
contesting the jurisdiction of the court.
seised pursuant to Article 4 or Article 10:
2.
If the jurisdiction of the court referred to in paragraph 1 is
contested by parties to the proceedings who were not party to
(a) may, at the request of one of the parties to the proceedings,
the agreement, the court shall decline jurisdiction.
decline jurisdiction if it considers that the courts of the
Member State of the chosen law are better placed to rule
on the succession, taking into account the practical circum
stances of the succession, such as the habitual residence of
In that event, jurisdiction to rule on the succession shall lie with
the parties and the location of the assets; or
the courts having jurisdiction pursuant to Article 4 or
Article 10.
(b) shall decline jurisdiction if the parties to the proceedings
have agreed, in accordance with Article 5, to confer juris
Article 10
diction on a court or the courts of the Member State of the
Subsidiary jurisdiction
chosen law.
1. Where the habitual residence of the deceased at the time
of death is not located in a Member State, the courts of a
Member State in which assets of the estate are located shall
Article 7
nevertheless have jurisdiction to rule on the succession as a
whole in so far as:
Jurisdiction in the event of a choice of law
The courts of a Member State whose law had been chosen by
the deceased pursuant to Article 22 shall have jurisdiction to
(a) the deceased had the nationality of that Member State at the
rule on the succession if:
time of death; or, failing that,

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(b) the deceased had his previous habitual residence in that
Article 14
Member State, provided that, at the time the court is
seised, a period of not more than five years has elapsed
Seising of a court
since that habitual residence changed.
For the purposes of this Chapter, a court shall be deemed to be
seised:
2. Where no court in a Member State has jurisdiction
pursuant to paragraph 1, the courts of the Member State in
(a) at the time when the document instituting the proceedings
which assets of the estate are located shall nevertheless have
or an equivalent document is lodged with the court,
jurisdiction to rule on those assets.
provided that the applicant has not subsequently failed to
take the steps he was required to take to have service
effected on the defendant;
Article 11
Forum necessitatis
(b) if the document has to be served before being lodged with
Where no court of a Member State has jurisdiction pursuant to
the court, at the time when it is received by the authority
other provisions of this Regulation, the courts of a Member
responsible for service, provided that the applicant has not
State may, on an exceptional basis, rule on the succession if
subsequently failed to take the steps he was required to take
proceedings cannot reasonably be brought or conducted or
to have the document lodged with the court; or
would be impossible in a third State with which the case is
closely connected.
(c) if the proceedings are opened of the court’s own motion, at
the time when the decision to open the proceedings is taken
The case must have a sufficient connection with the Member
by the court, or, where such a decision is not required, at
State of the court seised.
the time when the case is registered by the court.
Article 12
Article 15
Limitation of proceedings
Examination as to jurisdiction
1. Where
the
estate
of
the
deceased
comprises
assets
located Where a court of a Member State is seised of a succession
in a third State, the court seised to rule on the succession may,
matter over which it has no jurisdiction under this Regulation,
at the request of one of the parties, decide not to rule on one or
it shall declare of its own motion that it has no jurisdiction.
more of such assets if it may be expected that its decision in
respect of those assets will not be recognised and, where appli
cable, declared enforceable in that third State.
Article 16
Examination as to admissibility
2.
Paragraph 1 shall not affect the right of the parties to limit
1. Where a defendant habitually resident in a State other
the scope of the proceedings under the law of the Member State
than the Member State where the action was brought does
of the court seised.
not enter an appearance, the court having jurisdiction shall
stay the proceedings so long as it is not shown that the
defendant has been able to receive the document instituting
the proceedings or an equivalent document in time to arrange
Article 13
for his defence, or that all necessary steps have been taken to
that end.
Acceptance or waiver of the succession, of a legacy or of a
reserved share
In addition to the court having jurisdiction to rule on the
succession pursuant to this Regulation, the courts of the
2. Article 19 of Regulation (EC) No 1393/2007 of the
Member State of the habitual residence of any person who,
European Parliament and of the Council of 13 November
under the law applicable to the succession, may make, before
2007 on the service in the Member States of judicial and extra
a court, a declaration concerning the acceptance or waiver of
judicial documents in civil or commercial matters (service of
the succession, of a legacy or of a reserved share, or a
documents) ( 1 ) shall apply instead of paragraph 1 of this
declaration designed to limit the liability of the person
Article if the document instituting the proceedings or an
concerned in respect of the liabilities under the succession,
equivalent document had to be transmitted from one Member
shall have jurisdiction to receive such declarations where,
State to another pursuant to that Regulation.
under the law of that Member State, such declarations may
be made before a court.
( 1 ) OJ L 324, 10.12.2007, p. 79.

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3. Where
Regulation
(EC)
No
1393/2007
is
not
applicable,
CHAPTER III
Article 15 of the Hague Convention of 15 November 1965 on
the Service Abroad of Judicial and Extrajudicial Documents in
APPLICABLE LAW
Civil or Commercial Matters shall apply if the document insti
tuting the proceedings or an equivalent document had to be
Article 20
transmitted abroad pursuant to that Convention.
Universal application
Any law specified by this Regulation shall be applied whether or
not it is the law of a Member State.
Article 17
Lis pendens
Article 21
1. Where
proceedings
involving
the
same
cause
of
action
General rule
and between the same parties are brought in the courts of
1. Unless
otherwise
provided
for
in
this
Regulation,
the
law
different Member States, any court other than the court first
applicable to the succession as a whole shall be the law of the
seised shall of its own motion stay its proceedings until such
State in which the deceased had his habitual residence at the
time as the jurisdiction of the court first seised is established.
time of death.
2. Where,
by
way
of
exception,
it
is
clear
from
all
the
2. Where the jurisdiction of the court first seised is estab
circumstances of the case that, at the time of death, the
lished, any court other than the court first seised shall decline
deceased was manifestly more closely connected with a State
jurisdiction in favour of that court.
other than the State whose law would be applicable under
paragraph 1, the law applicable to the succession shall be the
law of that other State.
Article 18
Article 22
Related actions
Choice of law
1. Where
related
actions
are
pending
in
the
courts
of 1. A
person
may
choose
as
the
law
to
govern
his
succession
different Member States, any court other than the court first
as a whole the law of the State whose nationality he possesses
seised may stay its proceedings.
at the time of making the choice or at the time of death.
A person possessing multiple nationalities may choose the law
2. Where
those
actions
are
pending
at
first
instance,
any of any of the States whose nationality he possesses at the time
court other than the court first seised may also, on the appli
of making the choice or at the time of death.
cation of one of the parties, decline jurisdiction if the court first
seised has jurisdiction over the actions in question and its law
permits the consolidation thereof.
2. The choice shall be made expressly in a declaration in the
form of a disposition of property upon death or shall be
demonstrated by the terms of such a disposition.
3. For
the
purposes
of
this
Article,
actions
are
deemed
to
be
related where they are so closely connected that it is expedient
3. The substantive validity of the act whereby the choice of
to hear and determine them together to avoid the risk of irrec
law was made shall be governed by the chosen law.
oncilable decisions resulting from separate proceedings.
4. Any modification or revocation of the choice of law shall
meet the requirements as to form for the modification or revo
cation of a disposition of property upon death.
Article 19
Provisional, including protective, measures
Application may be made to the courts of a Member State for
Article 23
such provisional, including protective, measures as may be
The scope of the applicable law
available under the law of that State, even if, under this Regu
lation, the courts of another Member State have jurisdiction as
1. The law determined pursuant to Article 21 or Article 22
to the substance of the matter.
shall govern the succession as a whole.

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2. That
law
shall
govern
in
particular:
person could have chosen in accordance with Article 22 on
the conditions set out therein.
(a) the causes, time and place of the opening of the succession;
3. Paragraph
1
shall
apply,
as
appropriate,
to
the
modifi
(b) the determination of the beneficiaries, of their respective
cation or revocation of a disposition of property upon death
shares and of the obligations which may be imposed on
other than an agreement as to succession. In the event of a
them by the deceased, and the determination of other
choice of law in accordance with paragraph 2, the modification
succession rights, including the succession rights of the
or revocation shall be governed by the chosen law.
surviving spouse or partner;
(c) the capacity to inherit;
Article 25
Agreements as to succession
(d) disinheritance and disqualification by conduct;
1. An agreement as to succession regarding the succession of
one person shall be governed, as regards its admissibility, its
substantive validity and its binding effects between the parties,
(e) the transfer to the heirs and, as the case may be, to the
including the conditions for its dissolution, by the law which,
legatees of the assets, rights and obligations forming part of
under this Regulation, would have been applicable to the
the estate, including the conditions and effects of the
succession of that person if he had died on the day on which
acceptance or waiver of the succession or of a legacy;
the agreement was concluded.
(f) the powers of the heirs, the executors of the wills and other
administrators of the estate, in particular as regards the sale
2. An agreement as to succession regarding the succession of
of property and the payment of creditors, without prejudice
several persons shall be admissible only if it is admissible under
to the powers referred to in Article 29(2) and (3);
all the laws which, under this Regulation, would have governed
the succession of all the persons involved if they had died on
the day on which the agreement was concluded.
(g) liability for the debts under the succession;
(h) the disposable part of the estate, the reserved shares and
An agreement as to succession which is admissible pursuant to
other restrictions on the disposal of property upon death as
the first subparagraph shall be governed, as regards its
well as claims which persons close to the deceased may
substantive validity and its binding effects between the parties,
have against the estate or the heirs;
including the conditions for its dissolution, by the law, from
among those referred to in the first subparagraph, with which it
has the closest connection.
(i) any obligation to restore or account for gifts, advancements
or legacies when determining the shares of the different
beneficiaries; and
3. Notwithstanding
paragraphs
1
and
2,
the
parties
may
choose as the law to govern their agreement as to succession,
(j) the sharing-out of the estate.
as regards its admissibility, its substantive validity and its
binding effects between the parties, including the conditions
for its dissolution, the law which the person or one of the
Article 24
persons whose estate is involved could have chosen in
accordance with Article 22 on the conditions set out therein.
Dispositions of property upon death other than
agreements as to succession
1. A
disposition
of
property
upon
death
other
than
an
agreement as to succession shall be governed, as regards its
Article 26
admissibility and substantive validity, by the law which, under
Substantive validity of dispositions of property upon death
this Regulation, would have been applicable to the succession of
the person who made the disposition if he had died on the day
1. For the purposes of Articles 24 and 25 the following
on which the disposition was made.
elements shall pertain to substantive validity:
2. Notwithstanding
paragraph
1,
a
person
may
choose
as
the
law to govern his disposition of property upon death, as regards
(a) the capacity of the person making the disposition of
its admissibility and substantive validity, the law which that
property upon death to make such a disposition;

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(b) the particular causes which bar the person making the
as to succession had his domicile in a particular State shall be
disposition from disposing in favour of certain persons or
governed by the law of that State.
which bar a person from receiving succession property from
the person making the disposition;
(c) the admissibility of representation for the purposes of
2. Paragraph
1
shall
also
apply
to
dispositions
of
property
making a disposition of property upon death;
upon death modifying or revoking an earlier disposition. The
modification or revocation shall also be valid as regards form if
it complies with any one of the laws according to the terms of
(d) the interpretation of the disposition;
which, under paragraph 1, the disposition of property upon
death which has been modified or revoked was valid.
(e) fraud, duress, mistake and any other questions relating to
the consent or intention of the person making the
disposition.
3. For the purposes of this Article, any provision of law
which limits the permitted forms of dispositions of property
upon death by reference to the age, nationality or other
2. Where a person has the capacity to make a disposition of
personal conditions of the testator or of the persons whose
property upon death under the law applicable pursuant to
succession is concerned by an agreement as to succession
Article 24 or Article 25, a subsequent change of the law
shall be deemed to pertain to matters of form. The same rule
applicable shall not affect his capacity to modify or revoke
shall apply to the qualifications to be possessed by any
such a disposition.
witnesses required for the validity of a disposition of property
upon death.
Article 27
Formal validity of dispositions of property upon death
made in writing
Article 28
1. A
disposition
of
property
upon
death
made
in
writing Validity as to form of a declaration concerning acceptance
shall be valid as regards form if its form complies with the law:
or waiver
A declaration concerning the acceptance or waiver of the
(a) of the State in which the disposition was made or the
succession, of a legacy or of a reserved share, or a declaration
agreement as to succession concluded;
designed to limit the liability of the person making the declar
ation, shall be valid as to form where it meets the requirements
of:
(b) of a State whose nationality the testator or at least one of
the persons whose succession is concerned by an agreement
as to succession possessed, either at the time when the
disposition was made or the agreement concluded, or at
(a) the law applicable to the succession pursuant to Article 21
the time of death;
or Article 22; or
(c) of a State in which the testator or at least one of the
persons whose succession is concerned by an agreement
as to succession had his domicile, either at the time when
(b) the law of the State in which the person making the
the disposition was made or the agreement concluded, or at
declaration has his habitual residence.
the time of death;
(d) of the State in which the testator or at least one of the
persons whose succession is concerned by an agreement
Article 29
as to succession had his habitual residence, either at the
time when the disposition was made or the agreement
Special rules on the appointment and powers of an
concluded, or at the time of death; or
administrator of the estate in certain situations
1. Where the appointment of an administrator is mandatory
or mandatory upon request under the law of the Member State
(e) in so far as immovable property is concerned, of the State
whose courts have jurisdiction to rule on the succession
in which that property is located.
pursuant to this Regulation and the law applicable to the
succession is a foreign law, the courts of that Member State
may, when seised, appoint one or more administrators of the
The determination of the question whether or not the testator
estate under their own law, subject to the conditions laid down
or any person whose succession is concerned by the agreement
in this Article.

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The administrator(s) appointed pursuant to this paragraph shall
their succession rights, including their rights to a reserved share
be the person(s) entitled to execute the will of the deceased
or claim against the estate or the heirs under the law applicable
and/or to administer the estate under the law applicable to
to the succession.
the succession. Where that law does not provide for the admin
istration of the estate by a person who is not a beneficiary, the
courts of the Member State in which the administrator is to be
appointed may appoint a third-party administrator under their
own law if that law so requires and there is a serious conflict of
Article 30
interests between the beneficiaries or between the beneficiaries
and the creditors or other persons having guaranteed the debts
Special rules imposing restrictions concerning or affecting
of the deceased, a disagreement amongst the beneficiaries on
the succession in respect of certain assets
the administration of the estate or a complex estate to
administer due to the nature of the assets.
Where the law of the State in which certain immovable
property, certain enterprises or other special categories of
assets are located contains special rules which, for economic,
family or social considerations, impose restrictions concerning
or affecting the succession in respect of those assets, those
The administrator(s) appointed pursuant to this paragraph shall
special rules shall apply to the succession in so far as, under
be the only person(s) entitled to exercise the powers referred to
the law of that State, they are applicable irrespective of the law
in paragraph 2 or 3.
applicable to the succession.
2. The
person(s)
appointed
as
administrator(s)
pursuant
to
paragraph 1 shall exercise the powers to administer the estate
Article 31
which he or they may exercise under the law applicable to the
succession. The appointing court may, in its decision, lay down
Adaptation of rights in rem
specific conditions for the exercise of such powers in
Where a person invokes a right in rem to which he is entitled
accordance with the law applicable to the succession.
under the law applicable to the succession and the law of the
Member State in which the right is invoked does not know the
right in rem in question, that right shall, if necessary and to the
extent possible, be adapted to the closest equivalent right in rem
Where the law applicable to the succession does not provide for
under the law of that State, taking into account the aims and
sufficient powers to preserve the assets of the estate or to
the interests pursued by the specific right in rem and the effects
protect the rights of the creditors or of other persons having
attached to it.
guaranteed the debts of the deceased, the appointing court may
decide to allow the administrator(s) to exercise, on a residual
basis, the powers provided for to that end by its own law and
may, in its decision, lay down specific conditions for the
exercise of such powers in accordance with that law.
Article 32
Commorientes
Where two or more persons whose successions are governed by
When exercising such residual powers, however, the adminis
different laws die in circumstances in which it is uncertain in
trator(s) shall respect the law applicable to the succession as
what order their deaths occurred, and where those laws provide
regards the transfer of ownership of succession property,
differently for that situation or make no provision for it at all,
liability for the debts under the succession, the rights of the
none of the deceased persons shall have any rights to the
beneficiaries, including, where applicable, the right to accept or
succession of the other or others.
to waive the succession, and, where applicable, the powers of
the executor of the will of the deceased.
Article 33
3. Notwithstanding
paragraph
2,
the
court
appointing
one
or
Estate without a claimant
more administrators pursuant to paragraph 1 may, by way of
exception, where the law applicable to the succession is the law
To the extent that, under the law applicable to the succession
of a third State, decide to vest in those administrators all the
pursuant to this Regulation, there is no heir or legatee for any
powers of administration provided for by the law of the
assets under a disposition of property upon death and no
Member State in which they are appointed.
natural person is an heir by operation of law, the application
of the law so determined shall not preclude the right of a
Member State or of an entity appointed for that purpose by
that Member State to appropriate under its own law the assets
of the estate located on its territory, provided that the creditors
When exercising such powers, however, the administrators shall
are entitled to seek satisfaction of their claims out of the assets
respect, in particular, the determination of the beneficiaries and
of the estate as a whole.

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Article 34
law applicable pursuant to any other provisions referring
to other elements as connecting factors, be construed as
Renvoi
referring to the law of the territorial unit in which the
1. The application of the law of any third State specified by
relevant element is located.
this Regulation shall mean the application of the rules of law in
force in that State, including its rules of private international
law in so far as those rules make a renvoi:
3. Notwithstanding
paragraph
2,
any
reference
to
the
law
of
the State referred to in paragraph 1 shall, for the purposes of
(a) to the law of a Member State; or
determining the relevant law pursuant to Article 27, in the
absence of internal conflict-of-laws rules in that State, be
construed as referring to the law of the territorial unit with
(b) to the law of another third State which would apply its own
which the testator or the persons whose succession is
law.
concerned by the agreement as to succession had the closest
connection.
2. No renvoi shall apply with respect to the laws referred to
in Article 21(2), Article 22, Article 27, point (b) of Article 28
and Article 30.
Article 37
States with more than one legal system – inter-personal
Article 35
conflicts of laws
Public policy (ordre public)
In relation to a State which has two or more systems of law or
sets of rules applicable to different categories of persons in
The application of a provision of the law of any State specified
respect of succession, any reference to the law of that State
by this Regulation may be refused only if such application is
shall be construed as referring to the system of law or set of
manifestly incompatible with the public policy (ordre public) of
rules determined by the rules in force in that State. In the
the forum.
absence of such rules, the system of law or the set of rules
with which the deceased had the closest connection shall apply.
Article 36
States with more than one legal system – territorial
conflicts of laws
Article 38
1. Where
the
law
specified
by
this
Regulation
is
that
of
a Non-application of this Regulation to internal conflicts of
State which comprises several territorial units each of which has
laws
its own rules of law in respect of succession, the internal
conflict-of-laws rules of that State shall determine the relevant
A Member State which comprises several territorial units each
territorial unit whose rules of law are to apply.
of which has its own rules of law in respect of succession shall
not be required to apply this Regulation to conflicts of laws
arising between such units only.
2. In
the
absence
of
such
internal
conflict-of-laws
rules:
(a) any reference to the law of the State referred to in
CHAPTER IV
paragraph 1 shall, for the purposes of determining the
law applicable pursuant to provisions referring to the
RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF
habitual residence of the deceased, be construed as
DECISIONS
referring to the law of the territorial unit in which the
Article 39
deceased had his habitual residence at the time of death;
Recognition
1. A
decision
given
in
a
Member
State
shall
be
recognised
in
(b) any reference to the law of the State referred to in
the other Member States without any special procedure being
paragraph 1 shall, for the purposes of determining the
required.
law applicable pursuant to provisions referring to the
nationality of the deceased, be construed as referring to
the law of the territorial unit with which the deceased
had the closest connection;
2. Any
interested
party
who
raises
the
recognition
of
a
decision as the principal issue in a dispute may, in accordance
(c) any reference to the law of the State referred to in
with the procedure provided for in Articles 45 to 58, apply for
paragraph 1 shall, for the purposes of determining the
that decision to be recognised.

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3. If the outcome of the proceedings in a court of a Member
Article 43
State depends on the determination of an incidental question of
recognition, that court shall have jurisdiction over that question.
Enforceability
Decisions given in a Member State and enforceable in that State
shall be enforceable in another Member State when, on the
application of any interested party, they have been declared
Article 40
enforceable there in accordance with the procedure provided
for in Articles 45 to 58.
Grounds of non-recognition
A decision shall not be recognised:
Article 44
Determination of domicile
(a) if such recognition is manifestly contrary to public policy
To determine whether, for the purposes of the procedure
(ordre public) in the Member State in which recognition is
provided for in Articles 45 to 58, a party is domiciled in the
sought;
Member State of enforcement, the court seised shall apply the
internal law of that Member State.
(b) where it was given in default of appearance, if the defendant
Article 45
was not served with the document which instituted the
proceedings or with an equivalent document in sufficient
Jurisdiction of local courts
time and in such a way as to enable him to arrange for
1. The
application
for
a
declaration
of
enforceability
shall
be
his defence, unless the defendant failed to commence
submitted to the court or competent authority of the Member
proceedings to challenge the decision when it was
State of enforcement communicated by that Member State to
possible for him to do so;
the Commission in accordance with Article 78.
2. The
local
jurisdiction
shall
be
determined
by
reference
to
(c) if it is irreconcilable with a decision given in proceedings
the place of domicile of the party against whom enforcement is
between the same parties in the Member State in which
sought, or to the place of enforcement.
recognition is sought;
Article 46
(d) if it is irreconcilable with an earlier decision given in
Procedure
another Member State or in a third State in proceedings
involving the same cause of action and between the same
1. The
application
procedure
shall
be
governed
by
the
law
of
parties, provided that the earlier decision fulfils the
the Member State of enforcement.
conditions necessary for its recognition in the Member
State in which recognition is sought.
2. The
applicant
shall
not
be
required
to
have
a
postal
address or an authorised representative in the Member State
of enforcement.
Article 41
No review as to the substance
3. The
application
shall
be
accompanied
by
the
following
Under no circumstances may a decision given in a Member
documents:
State be reviewed as to its substance.
(a) a copy of the decision which satisfies the conditions
necessary to establish its authenticity;
Article 42
Staying of recognition proceedings
A court of a Member State in which recognition is sought of a
(b) the attestation issued by the court or competent authority of
decision given in another Member State may stay the
the Member State of origin using the form established in
proceedings if an ordinary appeal against the decision has
accordance with the advisory procedure referred to in
been lodged in the Member State of origin.
Article 81(2), without prejudice to Article 47.

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Article 47
appeal brought by the applicant, Article 16 shall apply even
where the party against whom enforcement is sought is not
Non-production of the attestation
domiciled in any of the Member States.
1. If
the
attestation
referred
to
in
point
(b)
of
Article
46(3)
is
not produced, the court or competent authority may specify a
time for its production or accept an equivalent document or, if
it considers that it has sufficient information before it, dispense
5. An
appeal
against
the
declaration
of
enforceability
shall
be
with its production.
lodged within 30 days of service thereof. If the party against
whom enforcement is sought is domiciled in a Member State
other than that in which the declaration of enforceability was
2. If the court or competent authority so requires, a trans
given, the time for appealing shall be 60 days and shall run
lation of the documents shall be produced. The translation shall
from the date of service, either on him in person or at his
be done by a person qualified to do translations in one of the
residence. No extension may be granted on account of distance.
Member States.
Article 48
Article 51
Declaration of enforceability
Procedure to contest the decision given on appeal
The decision shall be declared enforceable immediately on
The decision given on the appeal may be contested only by the
completion of the formalities in Article 46 without any
procedure communicated by the Member State concerned to the
review under Article 40. The party against whom enforcement
Commission in accordance with Article 78.
is sought shall not at this stage of the proceedings be entitled to
make any submissions on the application.
Article 52
Article 49
Refusal or revocation of a declaration of enforceability
Notice of the decision on the application for a declaration
The court with which an appeal is lodged under Article 50 or
of enforceability
Article 51 shall refuse or revoke a declaration of enforceability
1. The
decision
on
the
application
for
a
declaration
of only on one of the grounds specified in Article 40. It shall give
enforceability shall forthwith be brought to the notice of the
its decision without delay.
applicant in accordance with the procedure laid down by the
law of the Member State of enforcement.
Article 53
2. The
declaration
of
enforceability
shall
be
served
on
the
party against whom enforcement is sought, accompanied by the
Staying of proceedings
decision, if not already served on that party.
The court with which an appeal is lodged under Article 50 or
Article 51 shall, on the application of the party against whom
enforcement is sought, stay the proceedings if the enforceability
Article 50
of the decision is suspended in the Member State of origin by
reason of an appeal.
Appeal against the decision on the application for a
declaration of enforceability
1. The
decision
on
the
application
for
a
declaration
of
enforceability may be appealed against by either party.
Article 54
Provisional, including protective, measures
2. The
appeal
shall
be
lodged
with
the
court
communicated 1. When
a
decision
must
be
recognised
in
accordance
with
by the Member State concerned to the Commission in
this Chapter, nothing shall prevent the applicant from availing
accordance with Article 78.
himself of provisional, including protective, measures in
accordance with the law of the Member State of enforcement
without a declaration of enforceability under Article 48 being
required.
3.
The appeal shall be dealt with in accordance with the rules
governing procedure in contradictory matters.
2. The
declaration
of
enforceability
shall
carry
with
it
by
4. If
the
party
against
whom
enforcement
is
sought
fails
to operation of law the power to proceed to any protective
appear before the appellate court in proceedings concerning an
measures.

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3. During
the
time
specified
for
an
appeal
pursuant
to State as it has in the Member State of origin, or the most
Article 50(5) against the declaration of enforceability and until
comparable effects, provided that this is not manifestly
any such appeal has been determined, no measures of
contrary to public policy (ordre public) in the Member State
enforcement may be taken other than protective measures
concerned.
against the property of the party against whom enforcement
is sought.
A person wishing to use an authentic instrument in another
Member State may ask the authority establishing the authentic
Article 55
instrument in the Member State of origin to fill in the form
established in accordance with the advisory procedure referred
Partial enforceability
to in Article 81(2) describing the evidentiary effects which the
1. Where
a
decision
has
been
given
in
respect
of
several authentic instrument produces in the Member State of origin.
matters and the declaration of enforceability cannot be given
for all of them, the court or competent authority shall give it
for one or more of them.
2. Any
challenge
relating
to
the
authenticity
of
an
authentic
instrument shall be made before the courts of the Member State
of origin and shall be decided upon under the law of that State.
2. An
applicant
may
request
a
declaration
of
enforceability The authentic instrument challenged shall not produce any
limited to parts of a decision.
evidentiary effect in another Member State as long as the
challenge is pending before the competent court.
Article 56
3. Any
challenge
relating
to
the
legal
acts
or
legal
rela
Legal aid
tionships recorded in an authentic instrument shall be made
before the courts having jurisdiction under this Regulation
An applicant who, in the Member State of origin, has benefited
and shall be decided upon under the law applicable pursuant
from complete or partial legal aid or exemption from costs or
to Chapter III. The authentic instrument challenged shall not
expenses shall be entitled, in any proceedings for a declaration
produce any evidentiary effect in a Member State other than the
of enforceability, to benefit from the most favourable legal aid
Member State of origin as regards the matter being challenged
or the most extensive exemption from costs or expenses
as long as the challenge is pending before the competent court.
provided for by the law of the Member State of enforcement.
Article 57
4. If the outcome of proceedings in a court of a Member
State depends on the determination of an incidental question
No security, bond or deposit
relating to the legal acts or legal relationships recorded in an
authentic instrument in matters of succession, that court shall
No security, bond or deposit, however described, shall be
have jurisdiction over that question.
required of a party who in one Member State applies for recog
nition, enforceability or enforcement of a decision given in
another Member State on the ground that he is a foreign
national or that he is not domiciled or resident in the
Article 60
Member State of enforcement.
Enforceability of authentic instruments
1. An
authentic
instrument
which
is
enforceable
in
the
Article 58
Member State of origin shall be declared enforceable in
another Member State on the application of any interested
No charge, duty or fee
party in accordance with the procedure provided for in
Articles 45 to 58.
In proceedings for the issue of a declaration of enforceability,
no charge, duty or fee calculated by reference to the value of the
matter at issue may be levied in the Member State of
enforcement.
2. For the purposes of point (b) of Article 46(3), the
authority which established the authentic instrument shall, on
the application of any interested party, issue an attestation using
the form established in accordance with the advisory procedure
CHAPTER V
referred to in Article 81(2).
AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Article 59
3. The
court
with
which
an
appeal
is
lodged
under
Article
50
Acceptance of authentic instruments
or Article 51 shall refuse or revoke a declaration of enforce
ability only if enforcement of the authentic instrument is mani
1. An
authentic
instrument
established
in
a
Member
State festly contrary to public policy (ordre public) in the Member State
shall have the same evidentiary effects in another Member
of enforcement.

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Article 61
(a) the status and/or the rights of each heir or, as the case may
be, each legatee mentioned in the Certificate and their
Enforceability of court settlements
respective shares of the estate;
1. Court
settlements
which
are
enforceable
in
the
Member
State of origin shall be declared enforceable in another Member
State on the application of any interested party in accordance
(b) the attribution of a specific asset or specific assets forming
with the procedure provided for in Articles 45 to 58.
part of the estate to the heir(s) or, as the case may be, the
legatee(s) mentioned in the Certificate;
2. For the purposes of point (b) of Article 46(3), the court
(c) the powers of the person mentioned in the Certificate to
which approved the settlement or before which it was
execute the will or administer the estate.
concluded shall, on the application of any interested party,
issue an attestation using the form established in accordance
with the advisory procedure referred to in Article 81(2).
Article 64
Competence to issue the Certificate
3. The
court
with
which
an
appeal
is
lodged
under
Article
50
The Certificate shall be issued in the Member State whose courts
or Article 51 shall refuse or revoke a declaration of enforce
have jurisdiction under Article 4, Article 7, Article 10 or
ability only if enforcement of the court settlement is manifestly
Article 11. The issuing authority shall be:
contrary to public policy (ordre public) in the Member State of
enforcement.
(a) a court as defined in Article 3(2); or
CHAPTER VI
(b) another authority which, under national law, has
EUROPEAN CERTIFICATE OF SUCCESSION
competence to deal with matters of succession.
Article 62
Creation of a European Certificate of Succession
Article 65
1. This Regulation creates a European Certificate of
Application for a Certificate
Succession (hereinafter referred to as ‘the Certificate’) which
shall be issued for use in another Member State and shall
1. The
Certificate
shall
be
issued
upon
application
by
any
produce the effects listed in Article 69.
person referred to in Article 63(1) (hereinafter referred to as
‘the applicant’).
2. The
use
of
the
Certificate
shall
not
be
mandatory.
2. For
the
purposes
of
submitting
an
application,
the
applicant may use the form established in accordance with
the advisory procedure referred to in Article 81(2).
3. The
Certificate
shall
not
take
the
place
of
internal
documents used for similar purposes in the Member States.
However, once issued for use in another Member State, the
3. The
application
shall
contain
the
information
listed
below,
Certificate shall also produce the effects listed in Article 69 in
to the extent that such information is within the applicant’s
the Member State whose authorities issued it in accordance with
knowledge and is necessary in order to enable the issuing
this Chapter.
authority to certify the elements which the applicant wants
certified, and shall be accompanied by all relevant documents
either in the original or by way of copies which satisfy the
conditions necessary to establish their authenticity, without
Article 63
prejudice to Article 66(2):
Purpose of the Certificate
1. The
Certificate
is
for
use
by
heirs,
legatees
having
direct (a) details concerning the deceased: surname (if applicable,
rights in the succession and executors of wills or administrators
surname at birth), given name(s), sex, date and place of
of the estate who, in another Member State, need to invoke
birth, civil status, nationality, identification number (if
their status or to exercise respectively their rights as heirs or
applicable), address at the time of death, date and place
legatees and/or their powers as executors of wills or adminis
of death;
trators of the estate.
(b) details concerning the applicant: surname (if applicable,
surname at birth), given name(s), sex, date and place of
2. The
Certificate
may
be
used,
in
particular,
to
demonstrate
birth, civil status, nationality, identification number (if
one or more of the following:
applicable), address and relationship to the deceased, if any;

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(c) details concerning the representative of the applicant, if
Article 66
any: surname (if applicable, surname at birth), given
name(s), address and representative capacity;
Examination of the application
1. Upon receipt of the application the issuing authority shall
verify the information and declarations and the documents and
(d) details of the spouse or partner of the deceased and, if
other evidence provided by the applicant. It shall carry out the
applicable, ex-spouse(s) or ex-partner(s): surname (if appli
enquiries necessary for that verification of its own motion
cable, surname at birth), given name(s), sex, date and place
where this is provided for or authorised by its own law, or
of birth, civil status, nationality, identification number (if
shall invite the applicant to provide any further evidence
applicable) and address;
which it deems necessary.
(e) details of other possible beneficiaries under a disposition of
property upon death and/or by operation of law: surname
2. Where
the
applicant
has
been
unable
to
produce
copies
of
and given name(s) or organisation name, identification
the relevant documents which satisfy the conditions necessary
number (if applicable) and address;
to establish their authenticity, the issuing authority may decide
to accept other forms of evidence.
(f) the
intended
purpose
of
the
Certificate
in
accordance
with
Article 63;
3. Where
this
is
provided
for
by
its
own
law
and
subject
to
(g) the contact details of the court or other competent
the conditions laid down therein, the issuing authority may
authority which is dealing with or has dealt with the
require that declarations be made on oath or by a statutory
succession as such, if applicable;
declaration in lieu of an oath.
(h) the elements on which the applicant founds, as appropriate,
his claimed right to succession property as a beneficiary
4. The
issuing
authority
shall
take
all
necessary
steps
to
and/or his right to execute the will of the deceased
inform the beneficiaries of the application for a Certificate. It
and/or to administer the estate of the deceased;
shall, if necessary for the establishment of the elements to be
certified, hear any person involved and any executor or admin
istrator and make public announcements aimed at giving other
(i) an indication of whether the deceased had made a
possible beneficiaries the opportunity to invoke their rights.
disposition of property upon death; if neither the original
nor a copy is appended, an indication regarding the
location of the original;
5. For
the
purposes
of
this
Article,
the
competent
authority
of a Member State shall, upon request, provide the issuing
(j) an
indication
of
whether
the
deceased
had
entered
into
a
authority of another Member State with information held, in
marriage contract or into a contract regarding a rela
particular, in the land registers, the civil status registers and
tionship which may have comparable effects to marriage;
registers recording documents and facts of relevance for the
if neither the original nor a copy of the contract is
succession or for the matrimonial property regime or an
appended, an indication regarding the location of the
equivalent property regime of the deceased, where that
original;
competent authority would be authorised, under national law,
to provide another national authority with such information.
(k) an indication of whether any of the beneficiaries has made
a declaration concerning acceptance or waiver of the
succession;
Article 67
Issue of the Certificate
(l) a
declaration
stating
that,
to
the
applicant’s
best
knowledge,
no dispute is pending relating to the elements to be
1. The
issuing
authority
shall
issue
the
Certificate
without
certified;
delay in accordance with the procedure laid down in this
Chapter when the elements to be certified have been established
under the law applicable to the succession or under any other
law applicable to specific elements. It shall use the form estab
(m) any other information which the applicant deems useful for
lished in accordance with the advisory procedure referred to in
the purposes of the issue of the Certificate.
Article 81(2).

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The issuing authority shall not issue the Certificate in particular
(j) information as to whether the succession is testate or
if:
intestate, including information concerning the elements
giving rise to the rights and/or powers of the heirs,
legatees, executors of wills or administrators of the estate;
(a) the elements to be certified are being challenged; or
(b) the Certificate would not be in conformity with a decision
(k) if applicable, information in respect of each beneficiary
covering the same elements.
concerning the nature of the acceptance or waiver of the
succession;
2. The
issuing
authority
shall
take
all
necessary
steps
to
inform the beneficiaries of the issue of the Certificate.
(l) the share for each heir and, if applicable, the list of rights
and/or assets for any given heir;
Article 68
Contents of the Certificate
(m) the list of rights and/or assets for any given legatee;
The Certificate shall contain the following information, to the
extent required for the purpose for which it is issued:
(n) the restrictions on the rights of the heir(s) and, as appro
(a) the name and address of the issuing authority;
priate, legatee(s) under the law applicable to the succession
and/or under the disposition of property upon death;
(b) the reference number of the file;
(o) the powers of the executor of the will and/or the adminis
(c) the elements on the basis of which the issuing authority
trator of the estate and the restrictions on those powers
considers itself competent to issue the Certificate;
under the law applicable to the succession and/or under the
disposition of property upon death.
(d) the date of issue;
Article 69
(e) details concerning the applicant: surname (if applicable,
surname at birth), given name(s), sex, date and place of
Effects of the Certificate
birth, civil status, nationality, identification number (if
1. The
Certificate
shall
produce
its
effects
in
all
Member
applicable), address and relationship to the deceased, if any;
States, without any special procedure being required.
(f) details concerning the deceased: surname (if applicable,
surname at birth), given name(s), sex, date and place of
2. The
Certificate
shall
be
presumed
to
accurately
demon
birth, civil status, nationality, identification number (if
strate elements which have been established under the law
applicable), address at the time of death, date and place
applicable to the succession or under any other law applicable
of death;
to specific elements. The person mentioned in the Certificate as
the heir, legatee, executor of the will or administrator of the
estate shall be presumed to have the status mentioned in the
(g) details concerning the beneficiaries: surname (if applicable,
Certificate and/or to hold the rights or the powers stated in the
surname at birth), given name(s) and identification number
Certificate, with no conditions and/or restrictions being attached
(if applicable);
to those rights or powers other than those stated in the
Certificate.
(h) information concerning a marriage contract entered into by
the deceased or, if applicable, a contract entered into by the
deceased in the context of a relationship deemed by the law
3. Any
person
who,
acting
on
the
basis
of
the
information
applicable to such a relationship to have comparable effects
certified in a Certificate, makes payments or passes on property
to marriage, and information concerning the matrimonial
to a person mentioned in the Certificate as authorised to accept
property regime or equivalent property regime;
payment or property shall be considered to have transacted
with a person with authority to accept payment or property,
unless he knows that the contents of the Certificate are not
(i) the law applicable to the succession and the elements on
accurate or is unaware of such inaccuracy due to gross negli
the basis of which that law has been determined;
gence.

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4. Where
a
person
mentioned
in
the
Certificate
as
authorised issued pursuant to Article 70(1) of any rectification, modifi
to dispose of succession property disposes of such property in
cation or withdrawal thereof.
favour of another person, that other person shall, if acting on
the basis of the information certified in the Certificate, be
considered to have transacted with a person with authority to
dispose of the property concerned, unless he knows that the
Article 72
contents of the Certificate are not accurate or is unaware of
Redress procedures
such inaccuracy due to gross negligence.
1. Decisions taken by the issuing authority pursuant to
Article 67 may be challenged by any person entitled to apply
for a Certificate.
5. The
Certificate
shall
constitute
a
valid
document
for
the
recording of succession property in the relevant register of a
Member State, without prejudice to points (k) and (l) of
Decisions taken by the issuing authority pursuant to Article 71
Article 1(2).
and point (a) of Article 73(1) may be challenged by any person
demonstrating a legitimate interest.
Article 70
The challenge shall be lodged before a judicial authority in the
Certified copies of the Certificate
Member State of the issuing authority in accordance with the
1. The
issuing
authority
shall
keep
the
original
of
the law of that State.
Certificate and shall issue one or more certified copies to the
applicant and to any person demonstrating a legitimate interest.
2. If,
as
a
result
of
a
challenge
as
referred
to
in
paragraph
1,
it is established that the Certificate issued is not accurate, the
competent judicial authority shall rectify, modify or withdraw
2. The
issuing
authority
shall,
for
the
purposes
of
Articles the Certificate or ensure that it is rectified, modified or
71(3) and 73(2), keep a list of persons to whom certified copies
withdrawn by the issuing authority.
have been issued pursuant to paragraph 1.
If, as a result of a challenge as referred to in paragraph 1, it is
established that the refusal to issue the Certificate was unjus
3. The
certified
copies
issued
shall
be
valid
for
a
limited tified, the competent judicial authority shall issue the Certificate
period of six months, to be indicated in the certified copy by
or ensure that the issuing authority re-assesses the case and
way of an expiry date. In exceptional, duly justified cases, the
makes a fresh decision.
issuing authority may, by way of derogation, decide that the
period of validity is to be longer. Once this period has elapsed,
any person in possession of a certified copy must, in order to
be able to use the Certificate for the purposes indicated in
Article 73
Article 63, apply for an extension of the period of validity of
the certified copy or request a new certified copy from the
Suspension of the effects of the Certificate
issuing authority.
1. The
effects
of
the
Certificate
may
be
suspended
by:
Article 71
(a) the issuing authority, at the request of any person demon
strating a legitimate interest, pending a modification or
Rectification, modification or withdrawal of the Certificate
withdrawal of the Certificate pursuant to Article 71; or
1. The
issuing
authority
shall,
at
the
request
of
any
person
demonstrating a legitimate interest or of its own motion, rectify
the Certificate in the event of a clerical error.
(b) the judicial authority, at the request of any person entitled
to challenge a decision taken by the issuing authority
pursuant to Article 72, pending such a challenge.
2. The
issuing
authority
shall,
at
the
request
of
any
person
demonstrating a legitimate interest or, where this is possible
under national law, of its own motion, modify or withdraw
2. The issuing authority or, as the case may be, the judicial
the Certificate where it has been established that the Certificate
authority shall without delay inform all persons to whom
or individual elements thereof are not accurate.
certified copies of the Certificate have been issued pursuant to
Article 70(1) of any suspension of the effects of the Certificate.
3. The
issuing
authority
shall
without
delay
inform
all During the suspension of the effects of the Certificate no further
persons to whom certified copies of the Certificate have been
certified copies of the Certificate may be issued.

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CHAPTER VII
Article 76
GENERAL AND FINAL PROVISIONS
Relationship with Council Regulation (EC) No 1346/2000
Article 74
This Regulation shall not affect the application of Council Regu
lation (EC) No 1346/2000 of 29 May 2000 on insolvency
Legalisation and other similar formalities
proceedings ( 1 ).
No legalisation or other similar formality shall be required in
respect of documents issued in a Member State in the context of
this Regulation.
Article 77
Information made available to the public
The Member States shall, with a view to making the
information available to the public within the framework of
Article 75
the European Judicial Network in civil and commercial
matters, provide the Commission with a short summary of
Relationship with existing international conventions
their national legislation and procedures relating to succession,
1. This
Regulation
shall
not
affect
the
application
of
inter
including information on the type of authority which has
national conventions to which one or more Member States are
competence in matters of succession and information on the
party at the time of adoption of this Regulation and which
type of authority competent to receive declarations of
concern matters covered by this Regulation.
acceptance or waiver of the succession, of a legacy or of a
reserved share.
The Member States shall also provide fact sheets listing all the
In particular, Member States which are Contracting Parties to
documents and/or information usually required for the purposes
the Hague Convention of 5 October 1961 on the Conflicts of
of registration of immovable property located on their territory.
Laws Relating to the Form of Testamentary Dispositions shall
continue to apply the provisions of that Convention instead of
Article 27 of this Regulation with regard to the formal validity
The Member States shall keep the information permanently
of wills and joint wills.
updated.
Article 78
2. Notwithstanding
paragraph
1,
this
Regulation
shall,
as
between Member States, take precedence over conventions
Information on contact details and procedures
concluded exclusively between two or more of them in so far
1. By 16 January 2014, the Member States shall
as such conventions concern matters governed by this Regu
communicate to the Commission:
lation.
(a) the names and contact details of the courts or authorities
with competence to deal with applications for a declaration
3. This
Regulation
shall
not
preclude
the
application
of
the
of enforceability in accordance with Article 45(1) and with
Convention of 19 November 1934 between Denmark, Finland,
appeals against decisions on such applications in accordance
Iceland, Norway and Sweden comprising private international
with Article 50(2);
law provisions on succession, wills and estate administration, as
revised by the intergovernmental agreement between those
States of 1 June 2012, by the Member States which are
(b) the procedures to contest the decision given on appeal
parties thereto, in so far as it provides for:
referred to in Article 51;
(c) the relevant information regarding the authorities
competent to issue the Certificate pursuant to Article 64;
(a) rules on the procedural aspects of estate administration as
and
defined by the Convention and assistance in that regard by
the authorities of the States Contracting Parties to the
Convention; and
(d) the redress procedures referred to in Article 72.
The Member States shall apprise the Commission of any
(b) simplified and more expeditious procedures for the recog
subsequent changes to that information.
nition and enforcement of decisions in matters of
succession.
( 1 ) OJ L 160, 30.6.2000, p. 1.

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2. The Commission shall publish the information 2. Where
reference
is
made
to
this
paragraph,
Article
4
of
communicated in accordance with paragraph 1 in the Official
Regulation (EU) No 182/2011 shall apply.
Journal of the European Union, with the exception of the addresses
and other contact details of the courts and authorities referred
to in point (a) of paragraph 1.
Article 82
3. The Commission shall make all information
Review
communicated in accordance with paragraph 1 publicly
available through any other appropriate means, in particular
By 18 August 2025 the Commission shall submit to the
through the European Judicial Network in civil and commercial
European Parliament, the Council and the European Economic
matters.
and Social Committee a report on the application of this Regu
lation, including an evaluation of any practical problems
encountered in relation to parallel out-of-court settlements of
succession cases in different Member States or an out-of-court
Article 79
settlement in one Member State effected in parallel with a
settlement before a court in another Member State. The
Establishment and subsequent amendment of the list
report shall be accompanied, where appropriate, by proposals
containing the information referred to in Article 3(2)
for amendments.
1. The Commission shall, on the basis of the notifications by
the Member States, establish the list of the other authorities and
legal professionals referred to in Article 3(2).
Article 83
Transitional provisions
2. The
Member
States
shall
notify
the
Commission
of
any
subsequent changes to the information contained in that list.
1. This
Regulation
shall
apply
to
the
succession
of
persons
The Commission shall amend the list accordingly.
who die on or after 17 August 2015.
3. The
Commission
shall
publish
the
list
and
any
subsequent
amendments in the Official Journal of the European Union.
2. Where the deceased had chosen the law applicable to his
succession prior to 17 August 2015, that choice shall be valid if
it meets the conditions laid down in Chapter III or if it is valid
in application of the rules of private international law which
4. The
Commission
shall
make
all
information
notified
in were in force, at the time the choice was made, in the State in
accordance with paragraphs 1 and 2 publicly available
which the deceased had his habitual residence or in any of the
through any other appropriate means, in particular through
States whose nationality he possessed.
the European Judicial Network in civil and commercial matters.
Article 80
3. A
disposition
of
property
upon
death
made
prior
to
Establishment and subsequent amendment of the
17 August 2015 shall be admissible and valid in substantive
attestations and forms referred to in Articles 46, 59, 60,
terms and as regards form if it meets the conditions laid down
61, 65 and 67
in Chapter III or if it is admissible and valid in substantive terms
and as regards form in application of the rules of private inter
The Commission shall adopt implementing acts establishing and
national law which were in force, at the time the disposition
subsequently amending the attestations and forms referred to in
was made, in the State in which the deceased had his habitual
Articles 46, 59, 60, 61, 65 and 67. Those implementing acts
residence or in any of the States whose nationality he possessed
shall be adopted in accordance with the advisory procedure
or in the Member State of the authority dealing with the
referred to in Article 81(2).
succession.
Article 81
Committee procedure
4. If a disposition of property upon death was made prior to
17 August 2015 in accordance with the law which the deceased
1. The
Commission
shall
be
assisted
by
a
committee.
That could have chosen in accordance with this Regulation, that law
committee shall be a committee within the meaning of Regu
shall be deemed to have been chosen as the law applicable to
lation (EU) No 182/2011.
the succession.

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Article 84
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.
It shall apply from 17 August 2015, except for Articles 77 and 78, which shall apply from 16 January
2014, and Articles 79, 80 and 81, which shall apply from 5 July 2012.
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Strasbourg, 4 July 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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