EUROPEAN CERTIFICATE OF SUCCESSION – WAS THERE A NEED FOR A EUROPEAN INTERVENTION?
EUROPEAN CERTIFICATE OF SUCCESSION – WAS THERE A NEED FOR A EUROPEAN INTERVENTION?

Summary/Abstract: The main innovation of the Regulation on Succession is the creation of the European Certificate of Succession, a new cross-border instrument which ensures to prove the capacity and powers of heirs, surviving spouse, executor or administrator of the estates throughout the member states. Under the Regulation on Succession, the ECS is not mandatory(Article 62(2)) and it can be used both abroad and in the country where it was issued. However, the ECS is created mainly for situations with an international element. The ECS should produce the same effects in all Member States. However, it should not be an enforceable title in its own right. The main question is whether the ECS will represent sufficient basis for entering rights in rem in a corresponding register in another Member State? It should be remembered that the requirements and effects associated with the entry in registers will be evaluated by the law of the Member State in which the register is located. In the article authors discuss the most important aspects of the European Certificate of Succession, analyzing the articles from the European Regulation on which it is based.

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