International successions and their legal status

Abstract

On July 27 2012 was published Regulation 650/2012 stablishing a uniform regulation on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate on Succession. These rules will be introduced in our system creating important changes. The place in which the deceased has his last residence is the main connecting factor to determine jurisdiction (art. 4) and applicable law on succession (art. 21.1). To ensure unity forum-ius, the Regulation allows the knowledge of the whole succession by the courts of the State whose law has been chosen by the deceased, by express agree ment (art. 5) or based on appearance (art. 9). Forum non conveniens was also introduced (art. 6). The Regulation will applied to persons died after August 17th 2015, although choice of law rules may be applied previously, 20 days after Regulation has been published; that means that choice of law rules could be applied since 16 th August 2012.