Regulation 650/2012 of the European Parliament and Council of 4th July 2012 introduced new legislation in relation to the jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession. Commission Implementing Regulation 1329/2014 of 9th December 2014 approved the necessary forms.

In its Chapter VI, the Regulation created the “European Certificate of Succession”.

Optional nature of the European Certificate of Succession

The use of the Certificate shall not be mandatory. The applicants may resort to other documents and instruments that produce similar effects. However, once issued, the Certificate shall produce effects and no authority can request that instead of the Certificate, a judicial act or authentic document be presented.

International Element

The Certificate cannot be issued unless it is for use in another Member State. It is sufficient for the applicant to indicate that it will be used in another Member State, and it is not necessary that evidence be provided, for example, that the Deceased has assets in another Member State. Once issued, the Certificate also produces effects in the issuing Member State.

Purpose of the European Certificate of Succession

The Certificate serves to demonstrate, among other things:

• The status of heirs and legatees
• The rights of each heir and legatee
• The attribution of specific assets comprising the estate
• The powers of the executor or administrator

Who can request the European Certificate of Succession?

• Heirs and Legatees
• Executors
• Administrators

How is the request made?

The request can be made using form IV of Commission Implementing Regulation 1329/2014, although this is not mandatory. The request should be accompanied by all relevant documents (either originals or copies which satisfy the conditions necessary to establish their authenticity). The issuing authority verifies the information and declarations and the documents and other evidence provided by the applicant.

The application shall contain the following information:

•  Details of the deceased (including address at the time of death and place of death)
• Details of the applicant (including relationship to the deceased, if any)
• Details of any spouse of the Deceased
• Details of possible beneficiaries
• Purpose of the certificate

Information to Beneficiaries

The issuing authority shall take all necessary steps to inform the listed beneficiaries of the application for a Certificate, and again once the Certificate has been issued.

Issue of the European Certificate of Succession 

The Certificate must be in the format contained in form V of Commission Implementing Regulation 1329/2014. There is no deadline for the issuing of the Certificate, although the Regulation does make reference to the fact that is must be issued “without delay”. Once issued, the Certificate shall produce its effects in all Member States, without any special procedure being required. The issuing authority shall keep the original of the Certificate and issue certified copies to the applicant. The issuing authority shall also keep a list of persons to whom certified copies have been issued in the case of rectification, suspension, change or revocation of the Certificate.