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EU Council approves proposed succession rules

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Written by Ivan Mifsud Thursday, 10 June 2010 03:34 Last Updated on Thursday, 10 June 2010 03:47

4 June 2010, Brussels. The Council of the European Union approved a set of political guidelines for the future work on a proposed framework of European rules concerning matters of succession as well as an European certificate of succession.

A Council press release explains that today, more and more European citizens live in another member state than that of which they are nationals and have family members or own property (houses, bank accounts etc.) in more than one member state. On the death of a family member, heirs often face great difficulty, long delays and high legal costs in trying to obtain their inheritance. The process is protracted, expensive and stressful. The proposed regulation will make the lives of citizens finding themselves involved in the settlement of a succession with a cross-border element easier by providing for rules which will speed up proceedings and reduce costs.

The political guidelines focus on six issues: (A) a comprehensive instrument, (B) one single succession, (C) one applicable law, (D) habitual residence as connecting factor for jurisdiction, (E) rules of jurisdiction, and (F) choice of law.

To view the Commission's proposal, click here

 

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