The european heir certificate

• Author: D.G. Ionas/N. Craciun
• Position: Transilvania University of Brasov, Law Faculty
• Pages: 163-170

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 9 (58) No. 2 - 2016

THE EUROPEAN HEIR CERTIFICATE

D.G. IONAŞ1 N. CRĂCIUN1

Abstract: Opening the borders of member states and the circulation of all

citizens within the European states resulted in succession procedures with

foreign elements. In this context, the following question arose: which law will

apply in the case of a succession procedure of a citizen who used to live in a

state without having the citizenship of that state, but also when the

inheritance contains goods that are located on the territory of another state?

In order to unify European law and to avoid discriminatory treatment, these

situations had to be regulated by a document which would apply throughout

the entire European Union. That is why, starting with August 15th, 2015, The

European Union enforced EU Regulation no 650 of July 4th, 20012, of the

European Parliament and the Council regarding the competence, the

applicable law, the acknowledgement and the execution of legal sentences

and the acceptance and performance of authentic documents in regard to

succession and the creation of a European heir certificate.

Key words: succession, law, Regulation.

1. Introduction

Opening the borders of member states and the circulation of all citizens within the

European states resulted in succession procedures with foreign elements. In this context,

the following question arose: which law will apply in the case of a succession procedure

of a citizen who used to live in a state without having the citizenship of that state, but also

when the inheritance contains goods that are located on the territory of another state? In

order to unify European law and to avoid discriminatory treatment, these situations had to

be regulated by a document which would apply throughout the entire European Union.

That is why, starting with August 15th, 2015, The European Union enforced EU

Regulation no 650 of July 4th, 20012, of the European Parliament and the Council

regarding the competence, the applicable law, the acknowledgement and the execution of

legal sentences and the acceptance and performance of authentic documents in regard to

succession and the creation of a European heir certificate.

The European heir certificate can be widely defined as that instrument provided by

competent authorities, acknowledged on a European level, which allows legal heirs,

legatees, testamentary executors or trustees of the successor’s patrimony to prove their

quality and exercise their rights in another member state.

According to article 69 of the Regulation, the certificate produces effects in every

member state without the necessity of any additional procedures.

According to the second alignment of the same article, it is presumed that all

1 Transilvania University of Braşov, Law Faculty.