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M. Paraschou Law

EU Cross Border Succession Regulation

National rules and regulations governing succession and inheritance matters vary significantly from one country to another. 

Especially with the free movement of people across the EU, regulation of such matters was necessary at the EU level. 

Accordingly, in 2012 the European Union (EU) introduced Regulation 650/2012 in an effort to simplify cross-border succession procedures, i.e., when deceased persons reside or own assets in a different EU State than their home State.  

The effects of this Regulation are now becoming apparent. 

The scope of the application

The EU Succession Regulation (also known as the Brussels IV) governs cross-border succession issues within the European Union. The Regulation clarifies which EU Member State’s courts shall have jurisdiction to deal with the succession of a deceased person and which law the Courts shall apply. 

It aims to simplify cross-border inheritance in situations where multiple succession laws apply, as well as to resolve complex conflict of laws issues among European Union member states. 

Its aim is also to harmonise succession law throughout the European Union, removing barriers to the free movement of persons in relation to cross-border estates. This allows EU citizens to plan succession matters ahead of time, and to effectively protect the rights of beneficiaries, other people close to the deceased, and creditors.

Such rules are becoming increasingly important as European Union citizens use their free movement rights and choose to live and work in countries other than their birthplace.

Brussels IV became effective on August 17, 2015, and applies to the estates of individuals who died on or after that date. Although Ireland and Denmark opted out, it remains applicable to any residents of these member countries that have assets in any other EU member state, including Cyprus.

Introduction of the European Certificate of Succession

This Certificate, issued by the country of residence of the deceased, verifies the governing law and status of heirs, executors of a will and administrators of the estate, thus making it easier for them to exercise their rights and powers and to settle inheritance matters across the EU.

The Certificate is not mandatory and may be obtained by the heirs, executors of a will or administrators of the estate of a deceased person from the competent authorities of each EU Member State. 

Upon its issuance, the Certificate is automatically valid and recognized in any EU Member State (except Ireland and Denmark), without the need for any special actions or further recognition procedures. 

Should you wish to find out more, do not hesitate to contact our team at info@paraschou.com.cy.

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