Will Regulation 650/2012 Simplify Cross-Border Successions in Europe?

Will Regulation 650/2012 Simplify Cross-Border Successions in Europe?
Author: Mireia Artigot-Golobardes
Publisher:
Total Pages: 34
Release: 2018
Genre:
ISBN:

This paper addresses recent changes in European succession law brought about by the European Commission's "Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession." One of the most important issues that this Regulation addresses is the determination of the law applicable to a given succession for nationals of one member state with habitual residence in another member state. The Regulation provides that successions for those who die in this situation are governed by the law of the state in which they had their habitual residence at death. This paper questions whether the Regulation will simplify and reduce transaction costs in cross-border successions from two perspectives: First, from the perspective of whether the Regulation will increase or decrease the application of a given state's substantive succession law, and, second, from the perspective of the effect of its choice of laws rule on property entitlements given the variation in forced inheritance rules and clawback provisions across EU member states. These issues raise important questions about whether the Regulation will bring about the simplicity its drafters seek.

EU Cross-Border Succession Law

EU Cross-Border Succession Law
Author: Bariatti, Stefania
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2022-06-10
Genre: Law
ISBN: 1785365304

With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.

EU Regulation on Succession and Wills

EU Regulation on Succession and Wills
Author: Ulf Bergquist
Publisher: Verlag Dr. Otto Schmidt
Total Pages: 390
Release: 2015
Genre: Inheritance and succession
ISBN: 9783504080013

This concise article-by-article commentary discusses all the crucial points of the new EU Regulation No. 650/2012 of 4 July 2012 on cross-border estates, with particular focus on the following issues: the law applicable to a succession being the law of the State in which the deceased had his habitual residence at the time of death, which is also relevant for jurisdiction for contentious succession matters, election as to the applicable law, recognition and enforcement, authentic instruments, the European Certificate of Succession. This book turns the Regulation into an easily understandable text for all users, practitioners, academics or students and - authored by members of the experts group that formulated the Commission's draft proposal from six European countries - reflects perspectives from differing legal systems.

The Intended and Unintended Effects of the UK's Not Opt-In to Regulation 650/2012 on Cross-Border Succession

The Intended and Unintended Effects of the UK's Not Opt-In to Regulation 650/2012 on Cross-Border Succession
Author: Mireia Artigot-Golobardes
Publisher:
Total Pages: 35
Release: 2016
Genre:
ISBN:

The European Commission adopted a "Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession." One of the most important issues that this Regulation addresses is the determination of the law applicable to a given succession for nationals of one member state with habitual residence in another member state. The Regulation provides that in such cases, the governing law to the succession will be the law of the state in which the deceased had his or her habitual residence at death. The UK, together with Ireland and Denmark, did not opt-in to this Regulation. This paper analyzes the impact of the UK's decision not to opt-in to the Regulation and argues that the UK will manage to preserve its system of private international law but will not avoid being affected by the provisions of the Regulation. In this sense the UK will minimize, but not escape, the effects of the European Regulation on cross-border succession.

Brussels IV Regulation

Brussels IV Regulation
Author: S.J. Schlesinger
Publisher:
Total Pages:
Release: 2018
Genre:
ISBN:

One important international development is the adoption by the European Union (EU) of Regulation 650/2012, effective on 17 August 2015. This Regulation is commonly referred to as "Brussels IV", following a tradition of nicknaming EU regulations after particular cities (Rome I, etc.). The purpose of the Regulation is to provide a unified framework for addressing matters of "succession" to a decedent's assets among the 25 signatory nations, which includes all members of the European Union except Denmark, Ireland and the United Kingdom. Importantly, the Regulation impacts not only cross-border successions in the 25 member states but also cases where a cross-border succession has a connection to a third state (such as the United States). Any U.S. practitioner having a client who either resides in or has assets located in the European Union will want to know about the Brussels IV Regulation. This article is a brief survey of some of the Regulation's most relevant points for the U.S. practitioner.

Cross-Border Litigation in Europe

Cross-Border Litigation in Europe
Author: Paul Beaumont
Publisher: Bloomsbury Publishing
Total Pages: 865
Release: 2017-11-16
Genre: Law
ISBN: 1782256784

This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.

The Elgar Companion to UNIDROIT

The Elgar Companion to UNIDROIT
Author: Thomas John
Publisher: Edward Elgar Publishing
Total Pages: 557
Release: 2024-04-12
Genre: Law
ISBN: 180392456X

This comprehensive Companion provides a unique overview of UNIDROIT, the primary independent organisation coordinating the practice of international private law across its 65 member states. As the third in the suite of titles covering the ‘three sisters’ of uniform private law and private international law, it considers UNIDROIT’s role in the creation of existing uniform law, as well as posing questions about its future in the sector.

Conflict of Laws

Conflict of Laws
Author: Maebh Harding
Publisher: Routledge
Total Pages: 368
Release: 2013-10-08
Genre: Law
ISBN: 1134594259

Conflict of Laws provides a straight-forward and accessible introduction to English private international law. It examines the jurisdiction of English courts (and whether their judgments are enforced and recognized overseas) and the effect of foreign judgments in England. Recent years have seen an increased ‘Europeanization’ of English Law which has transformed the subject and this fifth edition takes into account key recent developments and regulations including proposed changes to Brussels I, Rome II, The Maintenance Regulation, Rome III, the proposed Rome IV and the proposed Succession Regulation. Harding provides students with a clear understanding using pedagogic methods such as; Key Issues checklists at the start of every chapter to help track important points for further study Figures are used to aid understanding through visual learning Further Reading is included at the end of every chapter to enourage and support additional study Further developments addressed in the fifth edition include: • The use of common law doctrines in EU cases such as West Tankers. • The EU imperative for family relationships to be recognized across the EU in the context of citizen’s rights. • Civil Partnerships and recognition of same sex partnership. • Rome III, Rome IV and the distinction between maintenance and matrimonial property. • Adoption, Parental Responsibility and International Child Abduction • Surrogacy and Assisted Reproduction Conflict of Laws is an ideal choice for undergraduate and postgraduate students seeking a comprehensive yet accessible introduction to private international law.