EU citizens living outside their home countries are confronted with different succession laws in the 27 EU Member States. To help citizens become better informed about these laws, the Council of the Notariats of the EU launched a website today in 22 EU languages plus Croatian.
Free movement is a core right of European Union citizens. About 9 million Europeans are taking advantage of this right by living outside their home countries. There are about 450,000 international successions each year in the EU, representing more than EUR 120 billion. As owners of properties houses and bank accounts families are confronted with different rules on jurisdiction and applicable law in the 27 EU Member States. For example, if a British citizen with a house in southern France dies, would French or UK succession law apply to his property? To help citizens become better informed about these laws, the Council of the Notariats of the EU, with the support of the European Commission, launched a website today, www.successions-europe.eu, in 22 EU languages plus Croatian. The European Commission welcomes this valuable tool for citizens.
“For those citizens who exercise their right to live in another Member State, it is not easy to figure out which national law applies to successions. With this website, citizens will be better informed and able to make the right decisions,” said Vice-President Reding, Commissioner for Justice, Fundamental Rights and Citizenship.
The website provides answers to the main questions raised during a succession. For example, citizens could find out which authority would be competent and which law would apply, if it is possible to choose the applicable law and who the heirs are. For legal practitioners, there will also be detailed reports on succession law available in English, French and German.
The projects total cost amounts to almost EUR 280,000 and the Commission contributed about EUR 158,400.
Background
On 14 October 2009, the Commission proposed a Regulation to simplify the settlement of international successions. Under the Regulation, there would be a single criterion for determining both the jurisdiction of the authorities and the law applicable to a cross-border succession: the deceased’s habitual place of residence. People living abroad will, however, be able to opt to have the law of their country of nationality apply to the entirety of their succession.
The proposal is an example of how the EU works towards creating an area of justice that will ease citizens’ daily lives, as set out by Vice-President Reding on 20 April 2010 in an action plan for 2010-2014.
EU Justice Ministers, during a meeting on 4 June 2010 in Luxembourg, underlined the importance of the proposed Regulation. Negotiations are ongoing in the Council.
