European Succession Certificate Case

El European Succession Certificate It is a document used in the European Union to facilitate the recognition and management of cross-border successions. This certificate allows European citizens to prove their capacity as heirs or administrators of a succession without having to go through lengthy legal procedures in each of the Member States where the assets of the deceased are located.

The European Succession Certificate is regulated by the Regulation (EU) No. 650/2012 of the European Parliament and of the Council, of July 4, 2012, relating to jurisdiction, applicable law, recognition and enforcement of resolutions, acceptance and enforcement of public documents in matters of succession mortis causa and the creation of a European Certificate of Succession.

Some of the most important legal considerations in relation to the European Certificate of Succession are the following:

Law:

The Regulation establishes the rules of judicial or notarial competence in its article 4 and following, in addition it determines the Member State in charge of knowing the succession.

Applicable law:

The Regulation establishes the rules of law applicable to succession. In general, the law of the Member State in which the deceased had his habitual residence at the time of his death will apply. However, the deceased can choose the law applicable to his succession while alive or in default, as we will see later in this post, with the exception of recital (24) of the aforementioned regulation, where the law of the State of origin of the deceased would apply, in the event that the latter had maintained a "close and stable" relationship with this State.

Recognition:

The European Certificate of Succession has effect in all Member States of the European Union.

Execution:

The European Certificate of Succession allows the heirs or administrators of a succession to act throughout the territory of the European Union without having to go through additional enforcement processes. In addition, it does not need an apostille for its circulation as determined by the Regulation (EU) 2016/1191 of the European Parliament and of the Council, of July 6, 2016.

In summary, the European Certificate of Succession is a very useful tool for European citizens who must manage cross-border successions. It simplifies and streamlines the process, avoids duplication and reduces costs as well as management times.

The following is a particular case entrusted to the notary Bosch-Bages, in which the deceased did not choose the law applicable to his succession while still alive, and apparently maintained a close relationship with his state of origin (France), where his economic relationship In this case, the assets of the inheritance take place in said State.

Acts:

The case deals with the will of Mrs. Pinotnoir of French nationality who died in 2022 in Spain after residing in Barcelona for 3 years. The will is drawn up in a private document in a holographic manner in 2011 in France; In the statement, the intention is to establish heir to all her assets to her husband, remarried, Mr. J.Walker, with whom she has a living son. It should be clarified that, in addition to her, she had a first child from her first marriage with Mr. Merlot, who does not survive her since she died in 2013; At the same time, it must be taken into account that the estate of the testator is in French territory, and during her lifetime, in the same year 2011, she made a donation of all the aforementioned assets to Mr. J. Walker.

Applicable law:

The applicable law as a general rule for the testament in question is that of the habitual residence of the testator provided for in article 21.1 of the regulation (EU No. 650/2012), but this is where the exception provided for in article 21.2 of the The same regulation that must be interpreted in accordance with it, recital 24 of Regulation (EU) No. 650/2012, which establishes the guides for the interpretation of the exception, within which the following circumstances appear for said determination:

Duration and regularity of presence: It should take into account how long the deceased has lived in a Member State and how often they have been present in that Member State.

Reasons for the presence: It must be analyzed why the deceased has been present in a Member State. For example, if he moved for work or a family relationship.

family ties: it is necessary to analyze the family ties of the deceased in a Member State, such as the presence of a spouse or children.

economic links: Take into account the economic links of the deceased with a Member State, such as employment or ownership of immovable property.

social links: Social ties of the deceased in a Member State should be considered, such as participation in community activities or affiliation to social organisations.

All these aspects must be assessed by the notary, in this case it is stated that once a month Mrs. Pinotnoir traveled to France, the retirement pension was received by the French state, due to the years she worked as a public official. In addition, the taxes were accrued and paid in France. For all of the above, it is determined that the law applicable to this case is French Law.

For inquiries on this topic, contact atencion@notariaboschbages.com.