Fuente: © European Parliament
http://www.europarl.eu.int/

EU: MEPs call for rules to simplify transnational successions

/noticias.info/ In adopting a report on succession and wills by 457 votes in favour to 51 against with 22 abstentions, MEPs call on the Commission to put forward a legislative proposal to deal with succession and wills according to the detailed recommendations annexed to the text.

The report was adopted by a majority of Members composing the European Parliament (i.e more than 367) as Rule 39 of the Rules of Procedure requires this majority when the Parliament asks the Commission to come forward with a new specific proposal.

According to a study commissioned by the European Commission in 2002, every year between 50 000 and 100 000 transnational successions arise in the European Union. Since there are significant differences between the national laws concerning succession, heirs experience difficulties when seeking to take possession of their inheritance. According to MEPs, this situation can be improved by, at the same time, harmonising the rules concerning jurisdiction and facilitating the recognition and enforcement of judgments. The new provisions would not modify the procedural law of the Member States concerning succession and wills.

The basic criteria adopted by the Members, to choose which Court is competent in cross-border litigations over a succession is the principle of the habitual place of residence of the deceased at the time of his death. Nevertheless, MEPs decided to introduce some flexibility to respect the freedom of choice to the involved parties. Freedom of choice is indeed granted to the testator. He/She would be able to choose which law should govern the succession in his statement. The choice can be between the law of the country of which he/she is a national or the law of the country of his habitual residence at the time the choice is made. According to the approved recommendations, the heirs involved in the dispute may also agree, under some conditions, to choose the competent court

In order to simplify the procedures to be followed by the heirs to gain possession of their properties, MEPs propose to introduce a ‘European certificate of inheritance’. In this document, issued by the competent authority, would indicate, with binding effect, the law applicable to the succession and the beneficiaries. The certificate, drawn up in accordance with a standard model, would be enforceable and recognised in all Member States, provided that it complies with national provisions concerning testamentary registers In addition, the EP proposes that "a European network of national registers of wills will be set up by linking up existing national registers, to simplify the task of finding and ascertaining the content of a deceased person’s will". notas_de_prensa_archivo