18 February 2021, Alberto Perez Cedillo

Terms defined in the article 3 of the Regulation

‘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 death or a transfer through intestate succession;”

‘agreement as to succession’“means an agreement, including an agreement resulting from mutual wills, which, with or without consideration, creates, modifies or terminates rights to the future estate or estates of one or more persons party to the agreement;”

‘joint will’“means a will drawn up in one instrument by two or more persons;”

‘disposition’“of property upon death’ means a will, a joint will or an agreement as to succession;”

‘Member State of origin’“means the Member State in which the decision has been given, the court settlement approved or concluded, the authentic instrument established or the European Certificate of Succession issued;”

‘Member State of enforcement’“means the Member State in which the declaration of enforceability or the enforcement of the decision, court settlement or authentic instrument is sought;”

‘decision’“means any decision in a matter of succession given by a court of a Member State, whatever the decision may be called, including a decision on the determination of costs or expenses by an officer of the court;”

‘court settlement’“means a settlement in a matter of succession which has been approved by a court or concluded before a court in the course of proceedings;”

‘authentic instrument’“means a document in a matter of succession which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:

(i) relates to the signature and the content of the authentic instrument; and

(ii) has been established by a public authority or other authority empowered for that purpose by the Member State of origin.”

European Certificate of Succession

To be used by heirs, legatees, executors and administrators invoking their status in other member states to exercise their rights.

Shall be issued by a member state and it is recognized in another member state and shall produce effects without any special procedure being required.

The use of the Certificate shall not be mandatory or exclusive and shall not replace internal formalities for the winding up of the estate.