The settlement of cross-border successions within the European Union

Abstract

When it comes to cross-border successions, the introduction of regulation 650/2012 is deemed to be indispensable particularly for maintaining the free movement within the European Union. The aim of this professional report is to look into the manner in which the introduction of the said regulation has contributed to the efficient functioning of the internal market. In doing so, the author aims to look into both its strengths and limitations. Having as its objective, the settlement of successions consisting of cross border implications, this report is set to delve into those problems which were solved with the introduction of such an instrument and also underline those problematic implications which were created with the implementation of the regulation. This professional report is set to serve as a contribution to local legal academia and to the notarial profession and notarial practice in general since it provides insight on how cross-border successions are to be settled. In applying for an ECS and in filing the necessary required documentation, one must know what is professionally required from a practicing notary. Additionally, a practicing notary must be knowledgeable in this field in order to be readily available to draft a will which complies with the desires of the testator, even in complex cross-border situations. Even though cross-border successions may not be the norm in the everyday professional life of a notary, one should not marginalise the subject and should nonetheless be well equipped with the required knowledge as to how these are to be settled for when the need arises.